WRITTEN QUESTION E-2088/03 by Marjo Matikainen-Kallström (PPE-DE) to the Commission. Recognition of Finnish engineering qualifications in Estonia.
Date: 2003-06-24
Institutions: European Parliament, Provisional data
Subjects: Estonia, Finland, accession to the European Union, application of EU law, association agreement (EU), discrimination on the basis of nationality, engineer, equal treatment, free movement of workers, recognition of diplomas

6.2.2004

EN

Official Journal of the European Union

C 33 E/211

Since this publicity campaign runs blatantly counter to the spirit of the structural fund regulation, whereby
the Union’s contribution to the development of poor countries and regions should be highlighted, will the
Commission say:

1. whether it approves of the government’s propaganda campaign using Greek taxpayers’ money and

Community budget funds,

2. what the budget is for this campaign,

3. whether it has checked the accuracy of the data broadcast, and

4. when it will intercede with the Greek authorities to put an end to this propaganda campaign, which is

doing nothing to promote the CSF?

Answer given by Mr Barnier on behalf of the Commission

(22 August 2003)

The Commission would refer
Mr Xarchakos (1).

(1) See page 187.

the Honourable Member

to its answer

to written E-1905/03 by

(2004/C 33 E/215)

WRITTEN QUESTION E-2088/03

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

Subject: Recognition of Finnish engineering qualifications in Estonia

(24 June 2003)

Finnish engineers have had practical difficulties in carrying on their occupation in Estonia because they
cannot obtain the title corresponding to their qualifications. The fact that there is no body in Estonia
responsible for awarding professional titles makes it considerably more difficult for Finnish engineers to
work there.

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
engineers suffer in Estonia?

the Commission do to eliminate the indirect discrimination based on nationality which

Answer given by Mr Bolkestein on behalf of the Commission

(4 August 2003)

As of now, Estonia has no legal obligation to recognise engineering diplomas (or Finland to recognise an
Estonian diploma). Although the Accession Treaty has been signed, such an obligation will only arise once
that Treaty comes into force, which is scheduled to happen on 1 May 2004.

if

regulated in Estonia,

The profession of engineer,
falls within 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). The information
available to the Commission is, however, that the profession is not regulated in Estonia. The principle of
that Directive is that if someone is qualified to practice a regulated profession in his/her Home State, the
Host State must accept that qualification and allow the applicant to practise the profession in question on
its territory, on an equal footing with locally trained professionals.

C 33 E/212

Official Journal of the European Union

EN

6.2.2004

However, in the case of substantial differences in the applicant’s qualifications and professional experience
vis-à-vis the qualifications required in the Host State, the authorities of the latter may require the applicant
to have already completed up to four years of relevant professional experience or to undergo a
compensation measure, at the applicant’s choice, in the form of either a period of supervised practise or an
aptitude test (see Articles 1, 3 and 4 of the said Directive). The decision has to be taken within four months
of the receipt of the application, be reasoned and subject to judicial review. The same principles apply for
the provision of services although the decision should be taken with the utmost celerity so as not to hinder
or render impossible the provision of the services in question.

When the profession is not regulated, as seems to be the case in Estonia, no legal requirements apply to its
exercise and therefore there is no need to apply any recognition mechanism. In any case, the Commission
will continue to verify that all Community Directives on the recognition of professional qualifications, and
Directive 89/48/EEC in particular, will be fully and correctly implemented in Estonia.

As regards rules on free movement of workers, under article 36 of the association agreement between the
Communities and their Member States and Estonia, the principle of non discrimination applies to nationals
of a Member State who are legally employed in the territory of Estonia as regards working conditions,
remuneration or dismissal. From the information provided by the Honourable Member it does not follow
necessarily that Finnish engineers are being discriminated against on these aspects.

(1) OJ L 19, 24.1.1989.

(2004/C 33 E/216)

WRITTEN QUESTION E-2092/03

by Paulo Casaca (PSE) to the Commission

(24 June 2003)

Subject: Clearance of the accounts of EAGGF Guarantee Section paying agencies in Portugal

According to information published in Official
Journal L 114 of 8 May 2003, the Commission has
decided, in the context of the clearance of accounts for the EAGGF Guarantee Section, to make significant
reductions to the amounts allocated in various Member States.

Taking account of the volume of funding involved, these reductions were particularly large in Luxembourg,
Greece and Portugal, and may become even more severe in the case of Portugal owing to the
postponement of the decision on clearance of the accounts for IFADAP.

Can the Commission provide a detailed explanation of the reasons for these cuts in the appropriations
earmarked for Portuguese agriculture?

Answer given by Mr Fischler on behalf of the Commission

(28 July 2003)

In its Decision 2003/313/EC of 7 May 2003 (1), the Commission cleared the accounts of Member States’
expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee
Section, for the 2002 financial year, under Article 7(3) of Regulation (EC) No 1258/1999 (2).

The Decision relates to the completeness, accuracy and veracity of the accounts submitted and does not
prejudge any decision taken subsequently on the compliance of the expenditure with Community rules.

The bookkeeping procedures behind this Decision are explained in detail in its fifth recital. The result of
the clearance operation is reflected in the Decision as a possible discrepancy between the total expenditure
booked to the accounts for the financial year in question under Article 151(1) and Article 152 of Council
Regulation (EC, Euratom) No 1605/2002 (3) and the total expenditure accepted by the Commission in its
Decision.