Erkenning diploma's: Commissie verzoekt Portugal en Italië om nationale regelgeving aan te passen om barrières voor buitenlanders op te heffen (en)

The European Commission has decided to make a formal request to Portugal to abolish certain conditions which it requires for the recognition of other Member States' professional qualifications for driving instructors. These conditions do not comply with the directive completing the general system for the recognition of professional education and training (92/51/EEC). It has also decided to send a formal request to Italy to rectify the non-compliance with European law of a bilateral agreement between professional organisations in France and Italy with regard to the recognition of the professional qualifications of engineers. The Commission requests take the form of reasoned opinions, which are the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply from the national authorities within two months after the receipt of the reasoned opinion, the Commission may refer the matter to the European Court of Justice.

If European law on the recognition of professional qualifications is not respected, qualified persons run the risk of not being able to exercise their right to practise their profession in any of the Member States. Moreover, by blocking Europe-wide recognition of professional qualifications, the Member States are reducing the scope for their own citizens and their own firms to choose qualified people from other Member States to provide services on their territory.

Portugal driving instructors

The Commission has decided to send Portugal a reasoned opinion for the incorrect implementation, with regard to access to the profession of driving instructor, of the directive completing the general system for the recognition of professional education and training (92/51/EEC).

The law in Portugal imposes stricter conditions than the Directive for the recognition of driving instructors' professional qualifications which have been obtained in other Member States of the European Union. For example, it demands that all applicants provide evidence both a professional qualification and practical experience.

The Portuguese authorities have announced that they are in the process of adapting their legislation without giving any indication of the date on which the changes will come into force.

Italy engineers

The Commission has decided to send Italy a reasoned opinion on the non-compliance of the Paris Agreement on the recognition and mobility of engineers with the Directive 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 (89/48/EEC).

This agreement, in force between the "Conseil national des Ingénieurs et des Scientifiques de France" (French National Council of Engineers and Scientists) and the Italian "Consiglio Nazionale degli Ingegneri" (National Council of Engineers), imposes stricter conditions than the Directive for the recognition of engineers' professional qualifications. Such conditions would be compatible with EU law only if they reflected a significant advantage for the migrant professionals in question and, in particular, more automatic recognition of their qualifications. The fact is that the Paris Agreement does not provide such an advantage.

Italy's reply to the earlier letter of formal notice has been judged unsatisfactory by the Commission.

In the case of France, no procedure has been initiated, since in that Member State access to the profession of engineer is not subject to having specific qualifications and no professional recognition is thus required. As regards engineers who qualified in Italy and wish to practice their profession in France, the Agreement only concerns the conditions for registering with the French National Council of Engineers and Scientists. Since registration is not a precondition for practising the profession, the conclusion of this Agreement by France does not restrict the free movement of members of the professions.

For the latest information on infringement procedures involving the Member States, please consult the following website:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm