WRITTEN QUESTION E-2215/03 by Cristiana Muscardini (UEN) to the Commission. Recognition of the liberal professions.
Date: 2003-07-02
Institutions: European Parliament, Provisional data
Subjects: competence of the Member States, information profession, liberal profession, recognition of vocational training qualifications, right of establishment

6.2.2004

EN

Official Journal of the European Union

C 33 E/235

acting DG of Eurostat, Mr Vanden Abeele), required the establishment of a Co-ordination Group in the
Commission with an open standing invitation to OLAF to attend and participate. The Group is chaired by
the Secretary General of the Commission.

No ‘restrictive conditions’ have been ‘imposed’ by the Commission. The mandate given by the Commission
to the IAS seeks to ensure that, taking account of the results of discussions with the Cocobu relating to the
mandate and delivery date of the examination, Parliament’s will is respected and the audit implemented
directly … A ‘conventional’ audit would leave the choice of areas to be examined entirely to the internal
auditor’s expertise and would, therefore, not necessarily guarantee that the terms of Parliament’s resolution
were fully met. The IAS 2003-2004 Work Programme (finalised in December 2002) includes explicit
provision for an in-depth audit of Eurostat which will be launched in the course of the current work year.

Objective testimony to the fact that the IAS examination is not limited to the award of Eurostat contracts
is provided by the nature and substance of the IAS preliminary analysis given to the Commission on 7 July
which facilitated the comprehensive action taken on 9th July. That analysis included references to contract/
grant awards procedures and practices and to the implementation of such contracts and grants based on
the work of Eurostat’s internal audit capability. Such a comprehensive approach and audit product would
simply have not been possible if the work of the IAS had been subject to ‘restrictive conditions’ as asserted
by the Honourable Member in her question.

(2004/C 33 E/241)

WRITTEN QUESTION E-2215/03

by Cristiana Muscardini (UEN) to the Commission

(2 July 2003)

Subject: Recognition of the liberal professions

The usual procedures are under way for the adoption by Parliament of its opinion on the proposal for a
directive on the recognition of professional qualifications (1). The proposal covers professions already
regulated in the Member States and aims to encourage mutual recognition of qualifications in order to
promote freedom of establishment. However,
there are new professions, such as translators and
interpreters, which are practised at both national and European level but have yet to secure recognition.
It would be highly useful and appropriate to introduce a minimum level of regulation for these
professions, notably with a view to protecting users.

The Commission:

1. Has the Commission conducted studies into the exercise of these unregulated professions, monitoring

the situation by country and socio-professional sector?

2. Does it not believe that a minimum level of regulation is needed, in the form of, say, a framework law

laying down minimum requirements for the exercise of these liberal professions?

3. Alternatively, would it not be useful at least to formally recognise the professional associations

representing them?

4.

In view of the way the professions of translator and interpreter have developed in recent decades and
the fact that advanced level specialised training can be undertaken, should they not be able to
legitimately aspire to formal recognition, not least in the interests of protecting users?

5. Without reference to the question of freedom of establishment, would such recognition not serve as a
new model for flexible regulation for these sensitive professions, which at present can be exercised by
anyone, whether properly qualified or not, throughout the territory of the Union, with the adverse
effects this may have on users and the damage it may do to the image of serious members of the
profession?

(1) COM(2002) 119 (cid:1) OJ C 181 E, 30.7.2002, p. 183.

C 33 E/236

Official Journal of the European Union

EN

6.2.2004

Answer given by Mr Bolkestein on behalf of the Commission

(4 September 2003)

As regards the recognition of professional qualifications, the professions of translator and interpreter are
covered, depending on the level of training required, either by Directive 89/48/EEC (1) or by Directive 92/
51/EEC (2). The Directives apply only when the profession concerned is regulated in the Member State in
which the person wishes to exercise it and that person acquired his or her qualifications in another
Member State. These Directives, the principles of which have been included in the proposal for a directive
on the recognition of professional qualifications (3), are based on a system of mutual recognition and not
on the coordination of minimum training conditions or the conditions of access to a profession.

1. When a profession is not regulated in a Member State, there is no legal barrier to the free movement
of workers, who are subject only to market rules. In the absence of Community competence in this matter,
the Commission has not carried out any studies on the subject.

In principle it is up to the Member States to regulate the professions in their territory. Any
2.
coordination of the conditions of access to the professions which would involve an amendment to the
legislative principles in a Member State requires,
in accordance with Article 47(2) of the EC Treaty, a
Directive adopted unanimously by the Council. The Commission is not aware of initiatives either by the
profession or by the Member States which are likely to receive this level of support.

The Commission is not competent

3.
to recognise professional associations. However, under the
proposal for a directive on the recognition of professional qualifications currently being negotiated by
Parliament and the Council, associations would have the possibility of presenting common platforms at
European level and defining qualification criteria able to meet the requirements of each Member State.
Once included in a decision adopted in accordance with the comitology procedure (‘regulation’), these
criteria would facilitate the free movement of workers that meet them.

The Community is not competent

4. and 5.
in matters regarding professional recognition or the
suitability of regulating a profession in accordance with Community law. The Commission is responsible
for applying Community rules on the recognition of professional qualifications to professions which are
already regulated in a Member State.

(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.

(2) Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional

education and training to supplement Directive 89/48/EEC, OJ L 209, 24.7.1992.

(3) COM(2002) 119 final.

(2004/C 33 E/242)

WRITTEN QUESTION E-2226/03

by Paul Rübig (PPE-DE)
and Harald Ettl (PSE) to the Commission

(2 July 2003)

Subject: Language discrimination in notices of vacancy

In the last twelve months technical support offices, non-governmental organisations (NGOs) and private
firms financed by the Commission have notified over 500 vacancies at European level that were reserved
exclusively for applicants of ‘English mother tongue’ and ‘native English speakers’ (www.lingvo.org/eo/2/
15). In these notices, applications are invited, not from candidates with ‘excellent’ or ‘very good’ knowledge
of English, but explicitly and exclusively from those of English mother tongue.