WRITTEN QUESTION E-1734/01 by Christine De Veyrac (PPE-DE) to the Commission. Measures to promote mutual recognition of qualifications.
Date: 2001-06-14
Institutions: European Parliament, Provisional data
Subjects: application of EU law, free movement of persons, recognition of diplomas, student, teacher, vocational training

C 93 E/24

Official Journal of the European Communities

EN

18.4.2002

services are authorised to inspect ships and their crews and they can take any steps necessary to ensure
that the obligations arising out of these texts on minimum training levels for seafarers are complied with,
particularly if crews are unable to show that they have the necessary professional aptitude.

(1) OJ L 319, 12.12.1994.
(2) OJ L 172, 17.6.1998.
(3) OJ L 136, 18.5.2001.

(2002/C 93 E/026)

WRITTEN QUESTION E-1734/01

by Christine De Veyrac (PPE-DE) to the Commission

Subject: Measures to promote mutual recognition of qualifications

(14 June 2001)

On 5 October 2000 the European Parliament adopted its position at first reading on mobility within the
Community for students, persons undergoing training, volunteers, teachers and trainers. It stressed the
improving the existing procedures to facilitate mutual recognition of diplomas and
importance of
qualifications and called on the Commission to play an active role in the mutual recognition of
qualifications.

On 14 December 2000 the Council and the representatives of the Member State Governments, meeting in
Council, adopted a resolution concerning an action plan to promote mobility. This action plan includes
provisions designed to make best use of the experience gained in the framework of mobility, particularly
measures to promote mutual recognition of qualifications.

Despite the measures taken to promote mobility, I receive complaints from teachers who have been unable
to have experience gained in the context of mobility recognised in their country of origin. This does not
help to bring Europe closer to its citizens. It is time that citizens of the Union could rely on genuine
recognition of the experience they have gained in the context of mobility.

What measures does the Commission intend to take to reinforce the measures to promote mobility and, in
particular, measures to encourage a lifting of
recognition of
qualifications?

the remaining obstacles to mutual

Answer given by Mrs Reding on behalf of the Commission

(24 September 2001)

The Council’s Common Position (EC) No 7/2001 of 19 January 2001 on the Recommendation on
mobility (1) largely incorporates the amendments which Parliament voted for at first reading. Parliament’s
report at second reading, of 14 May 2001, then introduced some amendments to take account of the
Mobility Action Plan (MAP), which had been adopted after the first reading. The Education Council
reached agreement on this report on 28 May 2001, paving the way for formal adoption of
the
Recommendation.

Once this has been adopted, the Commission and the Member States will have two further instruments at
their disposal, the Recommendation and the Action Plan. This will help to achieve wider and more flexible
mobility, including taking account of the experience gained from mobility under education, training and
youth programmes, both for teachers and trainers and for the other target groups involved: students,
persons undergoing training and volunteers.

These instruments call on the Member States to take the necessary measures to:

= promote consideration of European mobility experience as a component of the careers of teachers and

trainers (measure I. 5 d);

18.4.2002

EN

Official Journal of the European Communities

C 93 E/25

= promote a European qualification area, i.e. to enable those concerned to report on the qualifications
obtained and the experience acquired in the host State to the relevant authorities, particularly the
academic and professional authorities in their home State (measure I.1.d, applicable to all target
groups).

In the follow-up to the implementation of these measures, the Commission plans to use the means it has
available, specifically the group of experts to be set up after the Recommendation has been adopted. This
group of experts would be chaired by the Commission; those involved would be the people responsible at
national
level for coordinating the implementation of the measures contained in the two texts. The
Commission plans to help them with this and to take note of the work done and progress made by the
Member States, by means of the analytical report and on the basis of the Member States’ biennial reports,
which the Commission will submit to the institutions.

In addition, the European Council, as agreed at the Nice European Council in December 2000, will then
take stock of the situation every two years.

The national authorities (administrative and judicial) are also obliged to apply Article 39 (ex Article 48) of
the EC Treaty where a teacher has exercised his or her right to freedom of movement for workers.

Justice has already ruled in four cases concerning the issue of

The Court of
taking into account
professional experience and seniority gained in public service in a Member State when entering
employment in the public service of another Member State (2). Consequently, the Commission feels that
the principle of equal treatment for Community workers, as set out in Article 39 of the EC Treaty and in
Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement
for workers within the Community (3), must be interpreted to mean that periods of employment in a
comparable area of activity in the public sector in another Member State must be taken into account by a
Member State’s administration under the same conditions as experience gained in its own public sector.

The issues related to this problem, for example the correct application of the jurisprudence of the Court of
Justice, are complex; they are being examined and are the subject of lengthy discussions between the
Member States and the Commission. The Commission has initiated infringement proceedings against
several Member States. It is also involved in the work of the Mobility Group (working group set up by the
Directors-General for public administration), which deals with legal obstacles to the free movement of
workers in the public sector, including problems related to recognition of professional experience and
seniority. Lastly, the Commission plans to publish a Communication in 2002 on freedom of movement for
workers in the public sector, which will deal with the problems related to recognition of professional
experience and seniority.

(1) OJ C 70, 2.3.2001.
(2)

Judgment of 23.04.94 in Case C-419/92 Scholz [1994] ECR I-0505; Judgment of 15.01.98 in Case C-15/96
Schöning [1998] ECR I-0047; Judgment of 12.03.98 in Case C-187/96 Commission v Greece [1998] ECR I-1095;
Judgment of 30.11.2000 in Case C-195/98 Österreichischer Gewerkschaftsbund.

(3) OJ L 257, 19.10.1968.

(2002/C 93 E/027)

WRITTEN QUESTION E-1756/01

by Ilda Figueiredo (GUE/NGL) to the Commission

(15 June 2001)

Subject: Floods in Portugal

In the wake of the severe weather conditions which affected Portugal, especially in the northern and
central regions and above all during the weekend of 26-28 January 2001, when lives were lost and
substantial material damage occurred to the sum of several score billion escudos, Parliament adopted a
resolution on 15 February 2001.

In this resolution, Parliament called on the Commission, ‘in collaboration with the Portuguese Government
and the local authorities, to provide exceptional financial aid to supplement the funds made available by
the authorities in Portugal to tackle the urgent requirements of the worst-hit local populations, rebuild the
infrastructures which have been destroyed and help economic activity to recover’.