WRITTEN QUESTION P-0823/04 by Emmanouil Bakopoulos (GUE/NGL) to the Commission. Recognition of degrees and denial of employment.
Date: 2004-03-08
Institutions: European Parliament, Provisional data
Subjects: Greece, Scotland, access to a profession, administrative competition, air traffic control, application of EU law, free movement of workers, recognition of diplomas, transport staff

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Official Journal of the European Union

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3.4.2004

legitimate and justified
derogations set out in the Directive including Article 4(2) regarding genuine,
occupational requirements. As with any exception to the principle of equal treatment, the provisions of
this Article are to be interpreted strictly.

The first paragraph of Article 4(2) allows Member States to maintain provisions in their legislation which
are in force at the date of the adoption of the Directive and which provide that differences of treatment
based on a person’s religion or belief shall not constitute discrimination when the religion or belief, by the
nature of the activities or the context in which they are carried out, constitutes a genuine, legitimate and
justified occupational requirement having regard to the organisation’s ethos. This is also the case when
Member States adopt new legislation, but only, if at the time of the adoption of the Directive, national
practices pursuing this aim were already in existence.

It is also important that this paragraph refers only to differences of treatment based on a person’s religion
or belief. Differences of treatment on other grounds are not mentioned. Furthermore, the paragraph
stipulates that this difference of treatment ‘should not justify discrimination on another ground’. Therefore,
differences of treatment which are not based on a person’s religion or belief are not permissible under
Article 4(2).

As already mentioned, the Commission is reviewing Member States’ legislation. Where Member States
choose to take advantage of the derogations from the principle of equal treatment set out in the Directive
and the Commission concludes that
the
derogations within the Directive,
including Article 4(2), then the Commission will take all necessary
actions under the EC Treaty to ensure Member State compliance.

their legislation does not meet

the strict requirements of

(2004/C 84 E/0525)

WRITTEN QUESTION P-0823/04

by Emmanouil Bakopoulos (GUE/NGL) to the Commission

Subject: Recognition of degrees and denial of employment

(8 March 2004)

A Greek citizen obtained a degree in air traffic control in Scotland in 1981. His diploma was recognised
by the Greek Education Ministry in 1983. Since that date, the Civil Aviation Authority has systematically
refused to allow him to take part in competitions to appoint employees on the grounds that he does not
fulfil the qualifications criteria, which call for diplomas with no connection with the field in question.
It should be pointed out that air traffic control degrees are not awarded at any institution in Greece.

Could the Commission therefore say whether the Civil Aviation Authority’s conduct is contrary to
Community law? If so, what steps can this citizen take to ensure that he can freely practise his profession?

Answer given by Mr Bolkestein on behalf of the Commission

(30 March 2004)

Unfortunately, the information provided by the Honourable Member is not detailed enough to allow the
Commission to decide whether any infringement of Community law by the Greek Authorities has taken
place.

However, the Commission would reiterate the following principles.

Under Articles 149 and 150 of the EC Treaty, each Member State is responsible for the content of its
teaching and the organisation of
is the
responsibility of Member States to regulate the conditions governing access to, and the practice of an
occupation on their territory. However, Community law does not allow migrants to be put at an unfair
disadvantage in relation to holders of national diplomas simply because their qualifications were obtained
in another Member State.

In the absence of harmonisation,

its education system.

it

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Thus, Community Law (1) requires national authorities to take into account, for professional purposes,
qualifications obtained in another Member State. This does not mean that the qualification is recognised
automatically. National authorities should examine the qualifications and compare the training completed
by the migrant and the training required in the host Member State for access to the regulated profession
concerned. They must, if necessary, allow the migrant to undergo an adaptation period or take an aptitude
test, in order to make up for any considerable differences which may exist between the migrant’s training
and that required by the host Member State.

For employment in the public sector, where access is restricted to those who hold a qualification attesting
to a certain level of education without the contents being specified, Article 39 of the EC Treaty can be
directly applied. In this case it is the level of education attested to by a diploma rather than the detailed
contents of the training which should be taken into account for admission to the selection procedure.

Since the question concerns the steps which the citizen concerned could take, as well as the possibility of
lodging a complaint with the Commission and given that this is an individual case the Commission advises
the citizen to seek redress from the national administrative authorities or courts, which alone have the
jurisdiction to overturn a decision taken by a national authority concerning that citizen.

Finally, the Commission would like to draw the Honourable Member’s attention to the recent adoption of
the legislation package on a ‘Single European Sky’. Article 5 of the Regulation of the Parliament and the
Council on the supply of air navigation services (2) states that ‘as soon as possible after the entry into force
of this Regulation, the Commission will submit, if necessary, to the European Parliament and the Council,
a proposal concerning the granting of licences to controllers’. This proposal will lead to a European Air
Traffic Controller’s licence, which will facilitate the free movement of workers through mutual recognition
of these licences.

(1) Depending on the level of education required:

(cid: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
of 24.1.1989 or

(cid:1) 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 of 24.7.1992.

(2) Not yet published.

(2004/C 84 E/0526)

WRITTEN QUESTION P-0824/04

by Alexander de Roo (Verts/ALE) to the Commission

(8 March 2004)

Subject: Vaccination of pet farm animals

The number of hobby farmers in Europe is growing rapidly. There are already 250 000 hobby farmers in
the Netherlands alone. These farmers own chickens, turkeys, guinea fowl, ducks, geese, swans, quails,
pheasants, peacocks, partridges and walking birds (ostriches, emu and nandos) and doves that are not kept
for consumption.

As a result of the outbreak of avian influenza in 2003, I asked the Commission a number of questions on
the preventive culling of poultry kept by hobby farmers (Written Question E-1401/03 (1)).

In answer to my question, Commissioner Byrne indicated, on 2 June 2003, that the decision to introduce
following
emergency vaccination around an outbreak may be taken by an affected Member State,
notification to the Commission. The Member State is free to choose between preventive culling and
preventive vaccination, in both cases following notification to the Commission.

This means that, in practice, pet farm animals may be vaccinated.