WRITTEN QUESTION P-3559/00 by Luciana Sbarbati (ELDR) to the Commission. Harmonisation of national laws on the recognition of qualifications.
Date: 2000-11-09
Institutions: European Parliament, Provisional data
Subjects: European citizenship, education policy, free movement of persons, recognition of diplomas, recognition of vocational training qualifications, right of establishment

C 136 E/234

Official Journal of the European Communities

EN

8.5.2001

It should be stressed that the relevant internal market rules are applicable when there is an intra-
Community element,
In this regard, exhibitors
established in another Member State must, without being subject
to discriminatory or unjustified
restrictions, be allowed access to fairs and exhibitions held anywhere in the Community.

from one Member State to another.

i.e. movement

By virtue of this principle, any national rules allowing organisers, acting arbitrarily or according to ill-
defined criteria, to restrict access to a fair to certain categories of exhibitors give rise to doubts as to the
conditions under which operators can take part. Those doubts are unlikely to afford a sufficient level of
legal certainty, or to safeguard properly the rights arising from the EC Treaty. At all events, any decision
whereby an operator from the Community is not admitted to, or is excluded from, a fair or exhibition
must be substantiated and must be open to judicial review.

As for the competition rules, an infringement may arise if an organiser of a fair or an exhibition is in a
dominant position on the relevant market and imposes unjustified and unnecessary restrictions, thereby
using its market power for anti-competitive ends. A refusal to deal by the organiser in question therefore
could be considered as abusive. This would depend on the facts of the case

From the question it is not clear whether the issue to which the Honourable Member refers falls within the
If there is a intra-Community element in the particular case, the interested
above mentioned rules.
company can address a complaint to the Commission for infringement of the rules of the internal market
or of the competition rules.

(1) SEC(97) 2338 final.

(2001/C 136 E/276)

WRITTEN QUESTION P-3559/00

by Luciana Sbarbati (ELDR) to the Commission

(9 November 2000)

Subject: Harmonisation of national laws on the recognition of qualifications

Every day the Committee on Petitions, of which I am vice-chairman, is approached by citizens who believe
that they have suffered discrimination or consider themselves to have been wronged. Since the beginning
of the current parliamentary term the committee has received a great many complaints stemming from a
failure or refusal to recognise qualifications. Community citizens who have studied in non-member
countries and nationals of non-member countries who settle in an EU Member State take exception to
the fact that, even though they are properly qualified, they cannot practise their professions because of the
different national laws on the recognition of qualifications.

Free movement of persons is one of the improvements to have been brought about by European
integration, and, given that student and worker mobility will become increasingly widespread, more and
more problems will arise in this area.

School systems and syllabuses remain the responsibility of the Member States.

The lengthy and costly procedures entailed in appeals to the Court of Justice make it difficult to take legal
action.

The unequal treatment within the EU could trigger migration to countries where people can practise their
professions, posing potential competition problems.

Without encroaching on the Member States(cid:146) freedom as regards recognition of qualifications and bearing
in mind that education and culture have hitherto been a focus of attention, does the Commission not
believe that it should draw up a directive to regulate and harmonise this area by laying down minimum
standards of schooling, integrated syllabuses, technologically advanced training schemes, language profi-
ciency for the different levels of training, teacher mobility arrangements, and so forth?

Alternatively, will it take any other steps and, if so, when, not least in anticipation of enlargement?

8.5.2001

EN

Official Journal of the European Communities

C 136 E/235

Answer given by Mr Bolkestein on behalf of the Commission

(19 December 2000)

The situation to which the Honourable Member refers is well known to the Commission, which had
already made two reports, communicated to the Parliament, on the practical application of the general
system directives, that is Council Directive 89/48/EEC and Council Directive 92/51/EEC (1).

The Honourable Member refers to harmonisation of education and training, integration of programmes
and other measures in this field. The Commission would point out that according to Articles 149 and 150
(ex-Articles 126 and 127) of the EC Treaty, the Community contributes to the quality of education by
encouraging co-operation with the Member States and by supporting and supplementing their action in
this field. However it should be stressed that Member States are responsible for the content of teaching and
the organisation of education systems, as well as their linguistic and cultural diversity.
In this field
harmonisation of laws and regulations in the Member States is explicitly excluded.

Any demand for a specific directive for professional recognition would presuppose a consensus of the
relevant professional group in Europe as well as the support of a large majority of the Member States, as
well as additional guarantees of free movement.

According to the general system, the recognition of third country qualifications, held by Union citizens,
accorded by one Member State binds the others, albeit only to the extent of the obligations under the
general system, once the holder of those qualifications has three years professional experience in the case
of a diploma and two years professional experience in the case of a certificate, in the Member State which
first recognised the third country qualification (2).

As for third country nationals who hold qualifications obtained in one of the Member States, the above
Community law also applies to family members of a national of a Member State who has exercised his
right to free movement under Community law.

(1) Report to the Parliament and the Council on the state of application of the general system for the recognition of
higher education diplomas (cid:129) made in accordance with Article 13 of Directive 89/48/EEC (cid:129) COM(96) 46 final;
Report from the Commission to the Council and the Parliament on the application of Directive 92/51/EEC in
accordance with Article 18 of Directive 92/51/EEC (cid:129) COM(2000) 17 final.

(2) See also ECJ Case C-319/92 (HAIM I) and ECJ Case C-238/98 (Hocsman).

(2001/C 136 E/277)

WRITTEN QUESTION E-3589/00

by Richard Corbett (PSE) to the Commission

(22 November 2000)

Subject: Beatles (cid:145)Anthology(cid:146)

Is the Commission aware that it is impossible to buy the Beatles (cid:145)Anthology(cid:146) in the English (original
version) in France? Is it aware that this situation is to protect the producer of the French language version
from competition? Is the Commission aware that this is giving rise to a black market in France?

What is the Commission intending to do to enforce the rules of the single market, and to protect Beatles(cid:146)
fans from unscrupulous practice and to save this important part of Europe(cid:146)s cultural heritage from unfair
commercial practice?