THE APPLICATION OF DIRECTIVE 92/51/EEC
(MUTUAL RECOGNITION OF PROFESSIONAL EDUCATION AND TRAINING)
(20983)
5995/00
COM(00) 17
|
Commission Report on the application of Directive 92/51/EEC.
|
| Legal base:
| — |
| |
| Document originated:
| 3 February 2000
|
| Forwarded to the Council:
| 4 February 2000
|
| Deposited in Parliament:
| 18 February 2000
|
| Department: |
Education and Employment
|
| Basis of consideration:
| EM of 3 March 2000
|
| Previous Committee Report:
| None |
| To be discussed in Council:
| Not applicable |
| Committee's assessment:
| Politically important
|
| Committee's decision:
| Cleared |
Background
9.1 The general system of mutual recognition
of professional education and training in relation to regulated
professions comprises Directive 89/48/EEC[38],
on the recognition of higher education and training of at least
three years' duration, and Directive 92/51/EEC[39],
which extends recognition to a number of other levels of education
and training. The general system requires Member States to put
administrative arrangements in place across a range of professional
activities so that requests for recognition can be examined on
a case by case basis.
The document and the Government's view
9.2 As required under Article 18 of Directive
92/51/EEC, this report provides a review of progress in the application
of the Directive during the first five years of its implementation
(1994 to 1999).
9.3 The Minister for Employment, Welfare
to Work and Equal Opportunities at the Department for Education
and Employment (The Rt. Hon. Tessa Jowell) outlines the findings
and structure of the report as follows:
"The report notes that
4,603 migrants had their qualifications recognised under the Directive
from 1995 to 1998, the main sectors being health-related and maritime
professions. Of these, 279 had their qualifications recognised
by the United Kingdom, the majority in seafaring professions.
Qualifications from the UK held by 644 migrants were recognised
in other EEA countries: notably in Norway, Germany, Spain and
Ireland.
"The report examines the provisions of each
article in detail; provides an explanation of legal constructs;
and comments on Member States' experiences with specific professions.
The Commission concludes that, in view of the innovative and complex
nature of the Directive, it is too early to draw extensive conclusions
about its effects. It has enabled many citizens to pursue their
professional activities in other Member States, but it has also
revealed the need to simplify certain procedures and enhance administrative
co-operation."
9.4 The Minister then describes some of
the difficulties identified in the report:
"Procedural matters
which have been problematical include:
"— temporary
provision of services — for example, when a migrant wants
to ply a trade for a few months, rather than set up a business
or take up permanent employment. The procedures are seen as too
cumbersome and can obstruct free movement. The Commission suggests
curtailing the time period for dealing with applications and reducing
the range of 'compensation measures'. The report does not indicate
how proposals for these changes will be made; when the Commission
does present the text of a formal proposal, the UK will consult
with its competent authorities (professional bodies in the main),
and UK interests will be represented in discussions in the Co-ordination
Group;
"— bridging mechanisms (passerelle).
Bridging enables a migrant holding one level of education and
training to move to another Member State where the requirement
may be at a higher, or lower, level of education and training.
The bridging mechanisms have not always been readily accepted
by some Member States: this is a particular issue for the German
authorities in relation to some UK teachers. Bilateral discussions
between the UK and German authorities are currently taking place
on this issue;
"— updating of Annexes C and D of
the Directive. These Annexes list training courses agreed by the
Commission as being at the highest level (diploma level). The
updating procedure (by amending Directives) has been criticised
as too time-consuming and work-intensive. The UK and other Member
States support the Commission's approach to streamlining in the
proposal which is part of the 'Simpler Legislation in the Internal
Market' (SLIM) initiative. This would allow the Commission to
make amendments to the annexes which would be applicable immediately
in the Member States. In line with current practices, and in the
interests of greater transparency, the UK would continue to reflect
any changes in domestic legislation;
"— applications for derogation. As
a general rule the migrant has the choice of 'compensation measure'
where their qualification is perceived as deficient — for
example to take a test or undergo a period of supervised training;
under Article 14 of the Directive a Member State can request a
derogation and impose a specific 'compensation measure'. The three
month period for the Commission to consult Member States and make
a decision is sometimes insufficient, resulting in the granting
of temporary derogations. The most controversial case involves
ski instructors in France, and more recently in Austria, and has
caused particular problems for British ski instructors. With substantial
input from the UK and other Member States the Commission is trying
to resolve the matter on a pan-European basis, before a decision
is taken on the requests from France and Austria for permanent
derogations.
"There are also issues concerning specialist
nurses. Some Member States require specialist nurses to be qualified
in general care also; while others, such as the UK, train nurses
directly in specialisms. The Commission is looking at ways of
addressing this.
"Finally, the Commission suggests strengthening
the role of the Co-ordination Group in terms of exchange of information,
improved communications and cooperation between Member States'
Co-ordinators, to facilitate quick and pragmatic solutions to
recognition problems. The work of this Group has grown in importance
in recent years, particularly with the adoption of the Code of
Conduct concerning administrative practice and implementation.
This practical approach to resolving the problems of individual
migrants has long been standard practice for the UK Co-ordinators.
The UK therefore welcomes the Commission's initiative, which should
improve and facilitate the process."
9.5 The Minister tells us that the UK Government
welcomes the report, which presents a factual review of the application
of the Directive and in some instances of the general system as
a whole, and the fact that the Commission has already taken steps
to resolve the problems which have been identified.
Conclusion
| 9.6 | We agree with the Minister that it is encouraging that the Commission is taking positive steps to resolve the problems on which it has reported. We clear the document.
|
38 (10737)
9927/88; see HC15-iii (1988-89), paragraph 12 (7 December 1988). Back
39 (12332)
8416/90; see HC 11-xxxiii (1989-90), paragraph 24 (30 October
1990). Back
|
