WRITTEN QUESTION E-0711/03 by Luigi Vinci (GUE/NGL) to the Commission. Enlargement of Milan-Malpensa airport.
Date: 2003-03-10
Institutions: European Parliament, Provisional data
Subjects: EU control, European Commission, Lombardy, airport, award of contract, environmental impact, exchange of information, project evaluation, public contract

14.8.2003

EN

Official Journal of the European Union

C 192 E/215

Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-
education diplomas awarded on completion of professional education and training of at least three years’
duration (1) has set up a ‘General System’ for the recognition of professional qualifications, designed to
ensure access to regulated professions in the different Member States. The Directive allows European
nationals who are fully qualified for the exercise of a given profession in their Member State of origin to
have access to the same profession in another Member State. The Directive applies only when the migrant
wishes to pursue in another Member State a regulated profession, that is a profession subject by legal,
regulatory or administrative provision to possession of a specific qualification. The migrant must hold a
diploma corresponding to the definition given in Article 1.a) of the Directive, that is a diploma or set of
diplomas which shows that the holder has the professional qualifications required for the taking up or the
pursuit of a regulated profession in the Member State in which the diploma has been obtained.

In the light of these principles, the refusal to recognise the master degree in question might infringe
Directive 89/48/EEC only if recognition is sought with a view to have access to a regulated profession in
Greece and the master degree entitles the holder to practise a specific profession in his/her Member State
of origin.

The non-recognition of the postgraduate academic title in question may also raise a problem under
Article 39 of the EC Treaty, if in the context of access to public service the title is not taken into account
by the Greek authorities in the same way as Greek qualifications of the same level.

At the present stage of development of Community law, the recognition of diplomas for academic
purposes (i.e. which aims to allow people to pursue their studies in another Member State) falls within the
competence of Member States. There are no Community rules imposing mutual recognition of diplomas.
Each Member State is responsible for its own educational system and for the content and organisation of
its educational system. There are currently no diplomas that are recognised at European level. Universities
that are autonomous institutions are entirely responsible for the content of their curricula and for
awarding diplomas and certificates to students. The authorities of the Member States have the right to
require the academic recognition of qualifications before allowing access to education and they can
evaluate whether the content of the education received by the holder of a diploma corresponds to the level
that is required by the national legislation. They are equally free to fix the rules governing this type of
procedure. They are obliged, however, not to apply any direct or indirect discrimination on grounds of
nationality, in accordance with Article 12 of the EC Treaty.

On the basis of the available information it is not possible to establish if such discrimination has taken
place.

(1) OJ L 19, 24.1.1989.

(2003/C 192 E/257)

WRITTEN QUESTION E-0711/03

by Luigi Vinci (GUE/NGL) to the Commission

(10 March 2003)

Subject: Enlargement of Milan-Malpensa airport

Does the Commission not consider the procedures for the award of contracts in connection with the
enlargement of Milan-Malpensa airport to be in contravention of current EU law (in particular the rules
relating to public contracts)? Do the enlargement plans not go way beyond what was originally approved
and do they not constitute a clear departure from the original proposal? Should an environmental impact
assessment (EIA) not be carried out before construction work gets under way?

Answer given by Mr Bolkestein on behalf of the Commission

(14 April 2003)

The Commission is unable, on the basis of the information submitted by the Honourable Member in his
written question and in the numerous documents annexed to it, to ascertain whether any infringements of

C 192 E/216

Official Journal of the European Union

EN

14.8.2003

Community law on public procurement were committed by the SEA Awarding Entity when awarding the
contract for the enlargement of the Malpensa airport. This said, the Commission would like to inform the
Honourable Member
(Internal Market Directorate-General, Directorate for Public
Procurement Policy) are available to examine any additional information that is liable to clarify the nature
and scope of the infringement of Community law on public procurement alluded to in the said written
question.

services

that

its

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (1), as amended by Council Directive 97/11/EC of 3 March 1997 (2)
hereinafter referred to as ‘the Directive’ establishes that, before consent is given, projects likely to have
significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject
to a requirement for development consent and an assessment with regard to their effects. Projects listed in
Annex I to this Directive shall be subject to an assessment in accordance with Articles 5 to 10. For projects
listed in Annex II, the Member States shall determine through (a) a case-by-case examination, or (b)
thresholds or criteria set by the Member State, whether the project shall be subject to an assessment in
accordance with Articles 5 to 10.

Airports with a basic runway length of 2 100 metres or more are mentioned in Annex I of the Directive
(class 7a). Any change or extension to projects listed in Annex I or Annex II, already authorised, executed
or in the process of being executed, which may have significant adverse effects on the environment are
listed in Annex II to the Directive (class 13).

In order to gather information on this specific issue and assess its compliance with the above-mentioned
provisions of Community law, the Commission has recently sent a request for information to the Italian
authorities. Should it emerge that in the case raised by the Honourable Member the above-mentioned
provisions have not been correctly applied, the Commission will not hesitate to take the appropriate steps,
in accordance with its prerogatives under Article 211 of the EC Treaty, in order to ensure compliance with
Community law.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2003/C 192 E/258)

WRITTEN QUESTION P-0750/03

by Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Commission

Subject: The homeless in the European Union

(5 March 2003)

The number of homeless people in the European Union is steadily increasing. According to Feantsa (the
European Federation of National Organisations working with the Homeless) there are some three million
homeless people in the EU today, 10 % of whom sleep in the open on a permanent basis. The extent of the
problem differs from one Member State to another, even though it is difficult to form an accurate picture
of the situation and to make comparisons between Member States, owing to a lack of statistics and a
precise definition.

Does the Commission have any studies on this phenomenon which threatens our social cohesion and
undermines our social model? Does it have an evaluation of the housing policies of the Member States?
Does it intend to take initiatives to address this problem?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 March 2003)

The issue of homelessness is an important aspect of the open method of co-ordination on social inclusion.
Under objective 1 of the common objectives on poverty and social exclusion agreed at the European
Council of Nice in December 2000 a goal ‘to implement policies which aim to provide access for all to
decent and sanitary housing, as well as the basic services necessary to live normally having regard to local
circumstances’ was set up. A more specific goal was set up under objective 2: ‘To put in place policies
which seek to prevent life crises which can lead to situations of social exclusion, such as indebtedness,
exclusion from school and becoming homeless’.