Brussels, 20/07/2005 (Agence Europe) - The European Commission has formally asked France and Spain to correct breaches of EU law on professional qualifications, in the form of “reasoned opinions”. Spain has been asked to amend its legislation relating to the recognition of engineering diplomas. The Commission has received a number of complaints from engineers from which it appears that the 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 (transposed into Spanish law by Royal Decree No 1665/1991 of 25 October 1991) is being applied incorrectly by the Spanish authorities. Having obtained the equivalent of Spanish academic qualifications at an Italian university, engineers sat the state examination which, in Italy, gives them the right to practise their profession. The complainants are thus holders of an Italian professional qualification. As a result, the request for recognition does not, as considered by the Spanish authorities, constitute a misapplication of the system of recognition set up under Directive 89/48/EEC and the refusal to recognise the Italian qualification in question contravenes the Directive. In addition, the Spanish authorities have made access to internal promotion tests in the public sector subject to academic recognition of diplomas obtained in other Member States.
France has been asked to amend its legislation relating to the use of the professional title of dentist. Directive 78/686/EEC concerning the mutual recognition of diplomas for dentists stipulates that migrant Community citizens use the professional title of the host Member State. In the case of France, this title, as listed in the Directive, is “chirurgien-dentiste” (dental surgeon). The complaints which the Commission has received reveal that the holders of French qualifications use the professional title differently from EU citizens covered by the Directive. Unlike dentists who have qualified in other Member States, those who have qualified in France are allowed to add the title "Docteur" to the professional title of "chirurgien-dentiste" or to use the title "Docteur en chirurgie dentaire" (Doctor of Dental Surgery), thereby putting dentists who qualified in other Member States at a disadvantage, exactly the kind of discrimination that the Directive is designed to eliminate.