WRITTEN QUESTION E-0816/04 by Stefano Zappalà (PPE-DE) to the Commission. Recognition of diplomas.
Date: 2004-03-15
Institutions: European Parliament, Provisional data
Subjects: Italy, job access, recognition of diplomas, teacher

3.4.2004

EN

Official Journal of the European Union

C 84 E/883

Does the Commission regard it as acceptable for extensions to be refused because only the Dutch
3.
licence includes a long-distance (Atlantic) flying component although,
in order to obtain the German
licence, the relevant training is repeated but the component is exempted from mandatory examination
because the equivalent component in the Dutch examination is recognised? Is it normal that the German
Federal Aviation Agency in Braunschweig should first respond only to JAR applications from within
Germany and then issue non-national licence-holders, who have been forgotten, with certification which is
valid only within Germany?

Answer given by Mrs de Palacio on behalf of the Commission

(30 April 2004)

At present, the conditions for issuing licences to cockpit personnel are not harmonised at Community
level. However, Council Directive 91/670/EEC of 16 December 1991 (1) establishes the principle of mutual
acceptance, within the Community, of licences issued by Member States.

The Directive obliges every Member State to accept licences issued by other Member States on the basis of
‘equivalent requirements’. Where reasonable doubts remain as to the equivalence of the licence, the host
State may consider that additional requirements and/or tests are necessary to enable the licence to be
accepted.

The Directive also provides for the acceptance of licences issued in accordance with the requirements of
if the bearer satisfies the special
Annex 1 to the Chicago Convention on International Civil Aviation,
validation requirements.

Member States are naturally also subject to the general provisions in the EC Treaty on the freedom of
movement, the right of establishment and non-discrimination on grounds of nationality, and the general
principles and case-law of the Court of Justice on mutual recognition.

Directive 91/670/EEC does not prevent the Member States from modifying the terms under which they
issue licences, or from limiting the period of acceptance of a foreign licence, particularly when the original
licence itself has a limited duration. The Directive also allows acceptance to be conditional upon the
including the validity of a
licence continuing to satisfy the conditions applicable in the host State,
certificate of medical fitness.

In the absence of any precise details on the case at issue, the Commission would refer the Honourable
Member to the answer in the first paragraph above.

(1) OJ L 373, 31.12.1991.

(2004/C 84 E/0977)

WRITTEN QUESTION E-0816/04

by Stefano Zappalà (PPE-DE) to the Commission

(15 March 2004)

Subject: Recognition of diplomas

Mr Luca Ghezzi, a resident of Camucia di Cortona (Arezzo),
industrial expert.

is qualified to pursue the profession of

He applied for a teaching post with the Galilei Galileo ITIS (industrial and technical secondary school) in
via D. Menci, Arezzo.

The director of the establishment refused to recognise Mr Ghezzi’s qualification as conferring the requisite
points, apparently disregarding the table laid down in (Italian) Ministerial Decree No 40 of 16 April 2003
implementing Directive 89/48/EEC (1) and Directive 92/51/EEC (2) and in point B(3) of Annex A to
Ministerial Decree No 201 of 25 May 2000.

If the facts are as stated, what measures can the Commission take to ensure compliance with Community
legislation and the corresponding national rules?

(1) OJ L 19, 24.1.1989, p. 16.
(2) OJ L 209, 24.7.1992, p. 25.

C 84 E/884

Official Journal of the European Union

EN

3.4.2004

Answer given by Mr Bolkestein on behalf of the Commission

(26 April 2004)

The question raised by the Honourable Member prompts the following comments:

to which the Honourable Member refers, established a ‘general system’

(cid:1) Among its fundamental principles, the EC Treaty established freedom of establishment, freedom to
provide services and free movement for employed persons. So as to facilitate the effective exercise of
these freedoms, several legal instruments have been adopted. To this end, Directives 89/48/EEC (1) and
92/51/EEC (2),
for the
recognition of diplomas between Member States. Under these Directives, a Member State may not in
principle refuse to allow a Community national to take up and pursue a regulated profession provided
the person concerned holds the diploma required in his or her Member State of origin or provenance
there are substantial differences in the training
for the pursuit of that profession. However,
undergone by the applicant in comparison with the training required in the host Member State, the
latter may require the applicant either to provide evidence of professional experience or to comply
with compensatory measures in the form of an adaptation period or an aptitude test.

if

(cid:1) From the above it is apparent that the above-mentioned Directives apply only when community
nationals wish to pursue a regulated profession in a Member State other than that where they acquired
their professional qualifications, and not to situations that are purely internal to a Member State. From
the information supplied by the Honourable Member, however, it is not clear that Mr Ghezzi acquired
his professional qualifications outside Italy. In consequence, having regard to the facts presented,
no presumed violation of the above Directives can be established.

(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.

(2004/C 84 E/0978)

WRITTEN QUESTION E-0818/04

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

(15 March 2004)

Subject: Sludge storage in Ingensche Waarden

Gelderland Province in the Netherlands intends to grant licences for the storage of 11 million cubic metres
of sludge in a sand-recovery area near Ingen. The project provides for putting two suction-pump extractors
to work to deepen the existing sand pit from 25 to about 40 metres.

The intention, for an expected period of some 15 to 20 years, is to store (dredger) sludge, much of it
removed from river beds. Class 3 and 4 sludge contains heavy metals, in particular.

The outer limits of the Ingensche Waarden are (cid:1) as part of the Lower Rhine (cid:1) designated as a special
protection area (SPA) under Natura 2000. The area is well-known as a wintering habitat for Bewick’s swan
and the white-fronted goose, and as a brooding habitat for the cornkrake.

According to the compulsory environmental impact report (EIR) there will (cid:1) as a result of the storage (cid:1)
be no significant disruptive impact.

The EIR fails, even so, to consider any alternative to storing the sludge, such as processing as clinker or
brick, or as road-building material.