92003E0544

WRITTEN QUESTION E-0544/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(26 February 2003)

Subject: Implementation by Greece of Directive 89/48/EEC

Presidential Decree 165/2000 transposing Directive 89/48/EEC(1) under Greek law, has been amended by Presidential Decree 385/2002, which also transposes Directive 2001/19 EEC(2). In July 2002, the Commission forwarded a reasoned opinion (SG (2002) 220544 1.7.2002) as part of infringement proceedings (2001/4046) for failure by Greece to transpose properly under national law Directive 89/48/EEC and failure to implement properly certain provisions thereof, including recognition of diplomas awarded by the relevant institutions of other Member States on completion of studies on the basis of franchise agreements concerning the right to use the names of the institutions concerned.

Does the new Presidential Decree 385/2002 remedy the shortcomings regarding the transposition of Directive 89/48/EEC? If not, what steps will be taken by the Commission in response to failure to implement the directive properly?

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

(2) OJ L 206, 31.7.2001, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(25 April 2003)

The Honourable Member's question prompts the following comments:

- Presidential Decree 385/2002, amending Presidential Decree 165/2000 was sent to the Commission. The examination of this Presidential Decree concluded that it brought Presidential Decree 165/2000 into line with Directive 89/48/EEC on certain points relating to the incorrect transposition of Directive 89/48/EEC(1). These compliance measures relate in particular to the applicability of Presidential Decree 165/2000 to persons who have already practised in Greece the profession for which they request recognition and certain provisions relating to compensatory measures. The corresponding objections raised in the reasoned opinion notified to Greece on 1 July 2002 should thus be dropped.

- However, insofar as Presidential Decree 385/2002 still leaves a number of objections concerning the incorrect transposition of Directive 89/48/EEC and all the objections relating to the improper application of this Directive, the Commission intends to continue with the proceedings which are under way, taking into account the changes made following the adoption of Presidential Decree 385/2002. The Commission decided to bring this case before the Court of Justice at its meeting of 17 December 2002.

(1) 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 OJ L 19, 24.1.1989.