Commissie vraagt Frankrijk om regelgeving tandarts-diploma's te wijzigen, Spanje moet regels voor erkenning ingenieursdiploma's wijzigen (en)
The European Commission has formally asked France and Spain to correct breaches of EU law on professional qualifications. These requests take the form of "reasoned opinions", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the Court. Spain has been asked to amend its legislation relating to the recognition of engineering diplomas. France has been asked to amend its legislation relating to the use of the professional title of dentist.
;If EU law on the recognition of professional qualifications is not respected, qualified individuals could be denied the right to practise their profession in any Member State. Moreover, by placing obstacles in the way of such recognition, Member States make it more difficult for their own citizens and enterprises to select qualified professionals from other Member States to provide services within their territory.
;Spain - Incorrect application of Directive 89/48/EEC
;The Commission has decided to send a reasoned opinion to Spain regarding the incorrect application of 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. This Directive was transposed into Spanish law by Royal Decree No 1665/1991 of 25 October 1991.
;The Commission has received a number of complaints from engineers from which it appears that the Directive is being applied incorrectly by the Spanish authorities. Having obtained the equivalent of Spanish academic qualifications at an Italian university, these 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. This requirement also contravenes Directive 89/48/EEC, which confers the right on Community citizens who possess the diploma required for practising a profession in another Member State to gain access to this profession or to practise it in the host Member State under the same terms and conditions as nationals of that State.
;The Commission considers that Spain's response to the formal notice to amend its legislation is unsatisfactory.
;France - Use of the professional title of dentist (Reasoned Opinion on report A-1/2005)
;The Commission has decided to send a reasoned opinion to France regarding the terms and conditions for the use of the professional title of dentist within France.
;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 to Community citizens covered by the Directive. In contrast to 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). The conditions for the use of this professional title, which are not provided for under the Directive, place dentists who have qualified in other Member States at a disadvantage compared with their French colleagues and amount to discrimination based on the nationality of the diploma. This is precisely the kind of discrimination that the Directive is designed to eliminate.
;The Commission considers that France's response to the formal notice to amend its legislation is unsatisfactory.
;The latest information on infringement proceedings concerning all Member States is available at:
;http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm