Brussels, 12/02/2001 (Agence Europe) - The European Commission has decided to pursue proceedings against France, Germany and Italy for infringement of Community law relating to recognition of qualifications.
The Commission will be bringing France before the Court of Justice for the non-conformity of its legislation on access to the profession of hospital administrator with Directive 89/48/EEC. Under French legislation, Community nationals who wish to practice this profession in France and who have training of a level equal to that of French training may be exempted from obtaining all or part of this training. For the European Executive, this measure runs counter to the directive, which establishes that it is only where there is a substantial difference between the level of the incoming worker's training and the training provided in the host Member State that the State may impose compensatory measures, namely an aptitude test or an internship. However, this possibility is not provided for in French legislation: the incoming worker can only be exempted from part of the training.
The Commission has also decided to send France a reasoned opinion concerning access to the pharmaceutical profession. The mutual recognition of pharmacists' diplomas from one Member State to the next is guaranteed by Directive 85/433/CEE. This text makes provision for automatic recognition of diplomas listed in the directive and which meet certain minimal training requirements. The Commission nonetheless considers that diplomas that do not meet the minimum requirements should be allowed to undergo an alternative recognition procedure. But French legislation does not provide for this possibility, which is tantamount to refusing to allow Community-national pharmacists with diplomas not included in the directive's list to practice their profession in France. The reasoned opinion is the second stage of infringement proceedings. If the Member State concerned fails to submit a satisfactory answer within two months, the Commission can refer the matter to the Court.
The Commission has also sent a reasoned opinion to Germany for having imposed additional limits on the right to use on its territory a university post-graduate degree awarded in the context of an agreement between a university in one Member State and an institution in another Member State. The European Executive considers that a procedure authorising use of a title of this kind must be intended solely to check whether the title in question, awarded in another Member State, was earned under normal conditions upon the completion of a course of studies at a competent institution. The legislation of a number of Länder contains provisions establishing additional requirements. The Commission considers that while German authorities are entitled to seek information if they have doubts about certain curricula, they cannot reject use of the title for the sole reason that it fails to meet the additional requirements, such refusal running counter to Articles 49 and 50 of the Treaty. In a more general context, the Commission has decided to send Germany a separate reasoned opinion for the non-conformity of its legislation on the use of university titles with Articles 39 and 43 of the Treaty.
In the case of Italy, the Commission has decided to introduce proceedings before the Court for the non-conformity of Italian legislation on the recognition of the diplomas of ski instructors with Directive 92/51/EEC. Indeed, this legislation places an obligation of reciprocity on recognition of such diplomas. Although not applied to nationals of EU Member States, such a provision is unacceptable for reasons of legal certainty, notes the Commission.