WRITTEN QUESTION P-0634/04 by Giovanni Procacci (ELDR) to the Commission. Possible infringement by Italy.
Date: 2004-02-25
Institutions: European Parliament, Provisional data
Subjects: Italy, accountant, consultancy, liberal profession, organisation of professions, restriction on competition

3.4.2004

EN

Official Journal of the European Union

C 84 E/643

Answer given by Mr Patten on behalf of the Commission

(1 April 2004)

The Commission is in regular contact with Member States on human rights issues in Tunisia, and as the
Honourable Member points out, has been following closely the cases of Abdallah Zouari and Hamadi
Jebali. As a source of information the Commission is in regular contact with Tunisian independent civil
society organisations.

The Commission has ongoing concerns about aspects of the administration of justice in Tunisia and is
engaged in a regular dialogue with the Tunisian authorities on these questions, ‘inter alia’ in the framework
the Association Agreement and the European Neighbourhood Policy. Moreover, an ambitious
of
Mediterranean-European Development Agreement
in
support of Tunisian reform plans for the judiciary may include prison administration issues.

(MEDA) programme, currently in preparation,

The Commission has learned that Mr Zouari has now brought an end to his hunger strike, and thanks the
Honourable Member for the information that the Tunisian prison authorities have prevented Mr Zouari
from receiving visits from his family. The Commission intends to bring this to the attention of Member
States with a view to discussing options for action, including the possibility of a prison visit.

(2004/C 84 E/0724)

WRITTEN QUESTION P-0634/04

by Giovanni Procacci (ELDR) to the Commission

(25 February 2004)

Subject: Possible infringement by Italy

The Italian association LAPET (Independent Association of Taxation Analysts and Experts) wrote on
3 February 2003 to the Commission’s DG Competition and DG Internal Market concerning a possible
infringement of Community law by Italy. There appears to have been a clear breach of Community law in
Italy in relation to Legislative Decree No 241 of 9 July 1997 (notably that law’s Article 36).

Under that law, privileges are awarded to taxpayers who accept to have their accounts inspected by
professionals who are qualified under the conditions laid down in the same law to undertake the necessary
certification. Such professionals have to be auditors whose names have been entered for at least five years
on the tax accountants’, general accountants’, commercial experts’ or labour consultants’ register, and must
also have audited taxpayers’ accounts during the tax period covered by the certification.

Can the Commission provide information on current practice in this respect and state what measures have
been or will be taken?

Answer given by Mr Monti on behalf of the Commission

(25 March 2004)

The Honourable Member is referring to information received by the Directorates-General for Competition
and for the Internal Market in 2003. The presumed infringement concerns the exclusive right given to
accountants who are registered for at least five years and have kept the accounts of a company to issue the
so-called ‘heavy visa’.

In many Member States certain activities are reserved for certain professions. The Commission would like
to draw attention to the newly published Report on Competition in Professional Services (1), where it
analyses the existing regulations in the field of the liberal professions and sets out the Commission’s
thinking on the scope for reforming or modernising specific professional rules. The Report recognises that
some regulation in the sector of professional services is justified although it believes that, in some cases,
more pro-competitive mechanisms can and should be used instead.

C 84 E/644

Official Journal of the European Union

EN

3.4.2004

It should also be stressed that the Member States are free to reserve activities for certain professions
provided that they respect the principles of non-discrimination (nationality) and proportionality (and in
particular provided that the measure is likely to achieve a legitimate objective such as the protection of
consumers/customers through the justified qualifications-based requirement).

In order to be able to assess the alleged infringement, the Commission has requested further information
from the informant and Italy is examining the file. At present, it cannot yet say what the result of its
investigation will be.

(1) COM(2004) 83 of 9.2.2004.

(2004/C 84 E/0725)

WRITTEN QUESTION E-0636/04

by Cristiana Muscardini (UEN) to the Commission

(3 March 2004)

Subject: Europe and the future of young people

In 2001, a 24-year-old Italian student obtained a degree in mechanical engineering at Milan Technical
University. At the beginning of 2002, he was awarded a scholarship at UNED University in Madrid, where
he produced the dissertation required to complete the second stage of tertiary education. On 31 January
2003, he submitted a request to the Ministry of Education and Culture of Madrid for official approval of
his first degree, providing for this a huge amount of documents. A year later, the Ministry is still not in a
position to set a date for the approval to be granted. Both the Vice-Chancellor of UNED and the Italian
Consulate in Madrid have expressed an interest in the case, without receiving a definite response from the
Ministry. The student, meanwhile, has been unable to take part in competitive examinations or to study at
UNED and has not had his scholarship renewed.

Does the Commission know whether these delays are due only to bureaucratic obstacles? If so, can it

1.
take steps to ensure that these are overcome?

Does not the Commission consider that obstacles of this type are the result of a deplorable
2.
collaboration between the ministries responsible for education in Member States, flying in the face of all
the solemn declarations on common cultural heritage and on the future of young people in Europe?

How does the Commission respond to the scepticism provoked among young research students

3.
forced to waste a year of their future because of ministerial delays in officially approving a degree?

4. What kind of Europe must they believe in?

5. What are the prospects open to someone who, believing in European cooperation, sought to broaden
his cultural education at a different European university to that in which he gained his first degree?

Answer given by Mrs Reding on behalf of the Commission

(13 April 2004)

The Commission is aware of the difficulties that remain as regards the academic recognition of diplomas in
some countries, including Spain. It agrees with the Honourable Member that delays of this kind, and in
particular obstacles such as those described, can lead to a certain amount of scepticism among young
research students wishing to experience mobility. Community action in the field of education is in fact
specifically intended to facilitate such mobility.

For this reason, following complaints and petitions, the Commission has initiated infringement proceedings
under the provisions of Article 226 of the EC Treaty.