WRITTEN QUESTION E-1652/03 by Eija-Riitta Korhola (PPE-DE) to the Commission. Regulation of locksmithing in the EU.
Date: 2003-05-16
Institutions: European Parliament, Provisional data
Subjects: EU law, access to a profession, handicrafts, mutual recognition principle, recognition of vocational training qualifications

21.11.2003

EN

Official Journal of the European Union

C 280 E/171

Answer given by Mr Bolkestein on behalf of the Commission

(26 June 2003)

the Vienna Strategy for Europe,

In line with the recommendations of the Vienna European Council of 11 and 12 December 1998, and in
particular
the Council adopted Council Directive 1999/85/EC of
22 October 1999 amending Directive 77/388/EEC as regards the possibility of applying on an experiment
[sic] basis a reduced VAT rate on labour-intensive services (1). This amendment to Directive 77/388/EEC of
17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (cid:1)
common system of value added tax: uniform basis of assessment (2) (the Sixth VAT Directive) enabled
Member States wishing to do so to test the effects of a reduced VAT rate on certain labour-intensive
services in terms of job creation and curbing the black economy.

In view of the experimental nature of the measure, Directive 1999/85/EC stipulated that Member States
taking part in the experiment were to carry out a detailed assessment of its impact in terms of job creation
and efficiency. Nine Member States took part. The Commission was required to submit a global evaluation
report on that basis to the Parliament and the Council. The report was adopted on 2 June 2003 (3). It can
be found with the Member States’ reports on the Commission’s website at:
http://europa.eu.int/comm/taxation_customs/taxation/labour_intensive/labour_intensive_en.htm

The following table sets out the services concerned and the Member States’ choices:

1.

Small services of repairing:

(cid:1) bicycles

(cid:1) shoes and leather goods,
(cid:1) clothing and household linen

B, L, NL

B, L, NL
B, GR, L, NL

2.

Renovation and repairing of private
dwellings

B, E, F, I, NL, P, UK

3. Window cleaning

4. Domestic care services

5. Hairdressing

F, L

GR, F, I, P

E, L, NL

(1) OJ L 277, 28.10.1999.
(2) OJ L 145, 13.6.1977. Directive last amended by Council Directive 2002/38/EC of 7 May 2002.
(3) COM(2003) 309 final.

(2003/C 280 E/190)

WRITTEN QUESTION E-1652/03

by Eija-Riitta Korhola (PPE-DE) to the Commission

(16 May 2003)

Subject: Regulation of locksmithing in the EU

Regarding Roberta Angelilli’s Written Question E-2454/98 (1) and the answer given on 2 October 1998 by
Mario Monti on behalf of the Commission, the subject of concern raised by Mrs Angelilli in July 1998,
namely the fact that locksmithing is not regulated, still applies today. It ought to be possible firstly to give
effect to the right of establishment and the freedom to provide services on EU territory and, secondly, to
protect the places that give shelter to people and their possessions. From the latter point of view
locksmiths play literally a key role.

Does the Commission realise that there is a delicate balance between on the one hand the freedoms
enjoyed by Europeans and, on the other, the security requirements linked to practice of the locksmith
profession?

C 280 E/172

Official Journal of the European Union

EN

21.11.2003

Will the Commission draw up uniform rules governing admission to practise the profession of locksmith?

Which professions are currently regulated under Community legislation as regards admission to practise?

(1) OJ C 142, 21.5.1999, p. 17.

Answer given by Mr Bolkestein on behalf of the Commission

(10 June 2003)

With regard to the recognition of professional qualifications, the profession of locksmith is covered by
Directive 1999/42/EC (1). Under Article 4 of the Directive, which incorporates without amendment the
corresponding provision of Directive 64/427/EEC, which is no longer in force, Member States which make
the taking-up or pursuit of the activity in question subject to possession of general or specific knowledge
and ability must accept as sufficient evidence of such knowledge and ability the fact that the activity in
question has been pursued in another Member State for a certain length of time (in principle, six years) in
either a self-employed capacity or as a manager of an undertaking. Alternatively, professionals who do not
meet the conditions of professional experience required under Article 4 may request recognition of their
diploma, certificate or other formal qualification in accordance with the conditions of Article 3 of the
Directive. Where the differences between the qualifications acquired by the applicant and those required by
the host Member State are substantial, the Member State may require the applicant to undergo an aptitude
test or adaptation period in accordance with the procedures provided for.

The profession of locksmith is therefore regulated by a mechanism for mutual recognition which is not
based on coordination of the minimum training requirements nor of the conditions of access to the
profession. It is therefore, in principle, the responsibility of the Member States to regulate the professions
on their territory, and it is within the framework of national regulations that security requirements relating
to the exercise of a profession are taken into account where necessary. Where coordination of the
conditions of access to professions would involve in at least one Member State amendment of the existing
principles laid down by law to regulate this matter, a Directive would have to be adopted unanimously by
the Council in accordance with Article 47(2) of the EC Treaty. From the information available to the
Commission, the Member States have little inclination for further coordination in this area.

The professions for which the conditions of access are currently coordinated by Community rules are
doctor, midwife, nurse responsible for general care, dental practitioner, veterinary surgeon and pharmacist,
as well as the auditing profession.

(1) Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for
the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation
and transitional measures and supplementing the general systems for the recognition of qualifications (cid:1) OJ L 201,
31.7.1999.

(2003/C 280 E/191)

WRITTEN QUESTION P-1656/03

by Giovanni Pittella (PSE) to the Commission

(13 May 2003)

Subject: Parmalat ‘FrescoBlu’ milk

A milk called ‘Latte FrescoBlu’, produced (in a plant in Germany) by the microfiltration process, is being
marketed in Italy by the Parmalat company under the denomination of ‘Latte Fresco’, thus implying that it
has the properties of fresh milk.

However, as the microfiltration technique used to produce this milk has not yet been authorised by the
Commission, doubts remain as to whether the product meets the defining criteria for fresh milk and,
consequently, whether it is legitimate to denominate it as such.

The Italian government issued two decrees, one concerning the authorisation of the technical process
involved (microfiltration), and the other the labelling of products obtained by that process, without
notifying the Commission thereof.