WRITTEN QUESTION E-2087/03 by Marjo Matikainen-Kallström (PPE-DE) to the Commission. Recognition of Finnish engineering qualifications in certain Mediterranean countries.
Date: 2003-06-24
Institutions: European Parliament, Provisional data
Subjects: Cyprus, Finland, Greece, Italy, Portugal, engineer, national implementing measure, recognition of diplomas, right of establishment, vocational training

C 78 E/76

Official Journal of the European Union

EN

27.3.2004

Within the specific context of the Union-Africa Dialogue, the ‘Return of Stolen and Illicitly Exported
Cultural Goods’ has been one of the priority themes since the Cairo Action Plan. In November 2002, the
Union-Africa Ministerial Meeting in Ouagadougou endorsed a set of guiding principles and concrete
recommendations for action in this area. In its recent Communication on the Union-Africa Dialogue (1), the
Commission outlined a series of measures to support the dialogue on cultural goods, which also include
adherence by all countries in the Union and Africa to the relevant international conventions, in particular
the 1970 Unesco Convention, and support to Unesco’s activities in the context of the 1970 Convention.

In addition to creating a diplomatic mechanism for the return of stolen cultural goods, the 1970 Unesco
Convention contains a number of obligations for States Parties to foster protective and capacity-building
measures within their territories, such as the development of museums structures and inventories or the
implementation of educational programmes. The Commission,
for its part, has already undertaken
capacity-building activities in the area of cultural goods within its external aid programmes; the possibility
of supporting a concrete project in the context of the Union-Africa Dialogue on cultural goods is currently
being examined.

It was deemed necessary to adopt measures at Community level as this protection could not be adequately
guaranteed via the ratification of the 1970 Unesco Convention on the measures to be adopted to prohibit
import, export and transfer of ownership of cultural goods. However, since
and prevent
1 January 1993, with the abolition of physical checks at the Community’s internal borders, there has been
a need for additional measures for
to provide
supplementary means of ensuring adequate protection for cultural goods.

the internal market

the completion of

the illicit

in order

In the context of the operation of the single market, Regulation (EEC) No 3911/92 (2) and Directive 93/7/
EEC (3) seek to reconcile the fundamental principle of free movement of cultural goods with that of the
protection of national treasures.

The Regulation introduces uniform controls for the prevention of exports of cultural goods at the external
borders of the Community, which allow the competent (Culture and Customs) authorities of the Member
States from which the cultural goods are to be exported to a third country to take the interests of the other
Member States into account. This is because, in the absence of such controls, abolishing checks at the
physical borders within the Community would have meant that a national treasure unlawfully removed
from a Member State could be presented at a customs office of another Member State and exported easily
to a third country.

Directive 93/7/EEC complements Regulation (EEC) No 3911/92 by providing for administrative
cooperation mechanisms between Member States as regards their national treasures in the context of the
internal market, and a procedure for restoring national treasures when these have been unlawfully
removed from the territory of a Member State. While the aim of the Regulation is to avoid national
treasures being taken out of Community territory without controls, the Directive, for its part, deals with
the arrangements for restoring such treasures to the Member State of origin when they have been
unlawfully removed from it.

The Commission reviews implementation by Member States of the Community instruments referred to
above and produces a report every three years. The latest report was issued on 25 May 2000 (4).

(1) COM(2003) 316 final.
(2) Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods, OJ L 395, 31.12.1992.
(3) Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the

territory of a Member State, OJ L 74, 27.3.1993.

(4) COM(2000) 325 final.

(2004/C 78 E/0075)

WRITTEN QUESTION E-2087/03

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

(24 June 2003)

Subject: Recognition of Finnish engineering qualifications in certain Mediterranean countries

Finnish engineers have had practical difficulties in carrying on their occupation in most Mediterranean
countries. Problems have arisen in Portugal, Italy, Greece, and Cyprus. The difficulties regarding exercise of

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Official Journal of the European Union

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the profession stem either from legislation or from procedural practice in the countries concerned. As a
result of these systems Finnish engineers have been directly or indirectly prevented from working in the
above-mentioned Mediterranean countries and have encountered difficulties in that respect.

The problems have to do with the fact that the professional associations in the countries concerned have
been given the right to decide who should be allowed to use the professional title in question. For its part,
the professional association in such a country will not admit members other than home nationals. In
practice, recognition of Finnish engineering qualifications is thus withheld, or, for other reasons, only
nationals of the particular country or those who have qualified in that country are considered suitable to
carry on the occupation of engineer.

Article 39 of the EC Treaty guarantees freedom of movement for workers and prohibits any discrimination
to which workers from Member States might be subjected on the grounds of nationality when entering
into a contract of employment or as regards pay and other working conditions. The failure to recognise
the qualifications held by nationals of another Member State leads in practice to discrimination on the
labour market.

What will the Commission do to eliminate the indirect discrimination based on nationality which Finnish
engineers suffer in the Mediterranean countries referred to above?

Answer given by Mr Bolkestein on behalf of the Commission

(4 August 2003)

When it comes to the recognition of professional qualifications, the profession of engineer is governed by
directive 89/48/EEC (1). In accordance with this Directive, a Member State cannot in principle deny a
citizen of a Member State access to a regulated profession and the pursuit of such a profession in its
territory, provided that he holds the diploma required in his Member State of origin for the pursuit of the
same profession. However, if there are substantial differences in the training undergone by the applicant in
comparison with the training required in the host Member State, the latter may require the applicant either
to give evidence of professional experience or to complete compensatory measures in the form of an
adaptation period or aptitude test.

The Commission has in fact received several complaints about the improper application of Directive 89/
48/EEC in Greece and, in particular, the refusal by the Greek Technical Chamber (professional body) to
register engineers who have obtained their professional qualifications in another Member State on the basis
of the recognition decision issued by the competent national authority in accordance with Directive 89/48/
EEC. From the complaints sent to the Commission, it would appear that this refusal is not due to the
nationality of the migrant, but to the fact that these migrants hold qualifications obtained in another
Member State and that these qualifications have not been granted academic recognition. On the basis of
the facts brought to its attention, in addition to certain elements of non-conformity in the transposing
legislation, the Commission initiated infringement proceedings against Greece and decided to refer the
matter to the Court of Justice on 17 December 2002.

With regard to Cyprus, Directive 89/48/EEC will not apply to this country until the Accession Treaty
enters into force.

An analysis of the legislation transposing Directive 89/48/EEC in Italy and Portugal has not revealed any
problems of conformity. Nor does the Commission have any knowledge of administrative practices by the
the
authorities in these Member States which might be contrary to the rules of
Commission were to receive complaints about the improper application of Directive 89/48/EEC in these
Member States, these would of course be investigated in order to determine the appropriate action to be
taken.

this Directive.

If

As regards registration with specific professional associations in Greece, Italy and Portugal, restricting
admission to nationals only would be contrary to the principle of non discrimination set out in Articles 39,
43 and 49 of the EC Treaty. The Honourable Member is asked to send more detailed information on this
matter to the Commission so that it can, if necessary, make representations to the national authorities
concerned.

(1) 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, OJ L 19,
24.1.1989.