91998E2956

WRITTEN QUESTION E-2956/98

by Nikitas Kaklamanis (UPE) to the Commission

(8 October 1998)

Subject: Problems for opticians wishing to practise in Greece

A strange policy is being pursued in Greece in connection with authorization to practise as an optician. Although Council Directive 89/48/EEC(1) on recognition of professional qualifications is in force and the Italian Ministry of Health grants authorization to practise (following examinations) to opticians who began their studies in Greece and completed them in Italy, Greece refuses to comply with its commitments and does not reciprocate. The outcome of this situation is that opticians who started and completed their studies in Community countries, and have obtained authorization to practise in one of them, are unable to work in Greece.

Is this policy consistent with the fundamental principles of the EU concerning freedom of movement of workers and what action does the Commission intend to take to remove the constraints on Greek opticians who have completed their studies in Italy?

Answer by Mr Monti on behalf of the Commission

(16 November 1998)

The problems to which the honourable Member refers stem primarily from the fact that Greece has not transposed Council Directive 92/51/EEC(2) of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC(3). Directive 92/51/EEC should have been transposed by the Member States by 18 June 1994.

Italian opticians' diplomas are in fact covered by Directive 92/51/EEC. Training as an optician appears for Italy in Annex C to the directive, which means that the qualification is regarded as a diploma in accordance with Directive 92/51/EEC. The directive provides for the general system for the recognition of diplomas to apply to a person with professional qualifications equivalent to a diploma within the meaning of Directive 92/51/EEC in a Member State where a diploma within the meaning of Directive 92/51/EEC is required to enter the profession. This would apply in Greece to the profession of optician.

The Commission has therefore opened an infringement procedure against Greece for failure to commmunicate the measures for transposing Directive 92/51/EEC. The matter has been referred to the Court of Justice(4).

The Greek authorities communicated the measures for transposing the directive in question in August 1998. The Commission is currently examining this legislation.

(1) OJ L 19, 24.1.1989, p. 16.

(2) OJ L 209, 24.7.1992.

(3) OJ L 19, 24.1.1989.

(4) Case C-98/289.