WRITTEN QUESTION E-1652/03

by Eija-Riitta Korhola (PPE-DE) to the Commission

(16 May 2003)

Subject: Regulation of locksmithing in the EU

Regarding Roberta Angelilli's Written Question E-2454/98(1) and the answer given on 2 October 1998 by Mario Monti on behalf of the Commission, the subject of concern raised by Mrs Angelilli in July 1998, namely the fact that locksmithing is not regulated, still applies today. It ought to be possible firstly to give effect to the right of establishment and the freedom to provide services on EU territory and, secondly, to protect the places that give shelter to people and their possessions. From the latter point of view locksmiths play literally a key role.

Does the Commission realise that there is a delicate balance between on the one hand the freedoms enjoyed by Europeans and, on the other, the security requirements linked to practice of the locksmith profession?

Will the Commission draw up uniform rules governing admission to practise the profession of locksmith?

Which professions are currently regulated under Community legislation as regards admission to practise?

(1) OJ C 142, 21.5.1999, p. 17.

Answer given by Mr Bolkestein on behalf of the Commission

(10 June 2003)

With regard to the recognition of professional qualifications, the profession of locksmith is covered by Directive 1999/42/EC(1). Under Article 4 of the Directive, which incorporates without amendment the corresponding provision of Directive 64/427/EEC, which is no longer in force, Member States which make the taking-up or pursuit of the activity in question subject to possession of general or specific knowledge and ability must accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for a certain length of time (in principle, six years) in either a self-employed capacity or as a manager of an undertaking. Alternatively, professionals who do not meet the conditions of professional experience required under Article 4 may request recognition of their diploma, certificate or other formal qualification in accordance with the conditions of Article 3 of the Directive. Where the differences between the qualifications acquired by the applicant and those required by the host Member State are substantial, the Member State may require the applicant to undergo an aptitude test or adaptation period in accordance with the procedures provided for.

The profession of locksmith is therefore regulated by a mechanism for mutual recognition which is not based on coordination of the minimum training requirements nor of the conditions of access to the profession. It is therefore, in principle, the responsibility of the Member States to regulate the professions on their territory, and it is within the framework of national regulations that security requirements relating to the exercise of a profession are taken into account where necessary. Where coordination of the conditions of access to professions would involve in at least one Member State amendment of the existing principles laid down by law to regulate this matter, a Directive would have to be adopted unanimously by the Council in accordance with Article 47(2) of the EC Treaty. From the information available to the Commission, the Member States have little inclination for further coordination in this area.

The professions for which the conditions of access are currently coordinated by Community rules are doctor, midwife, nurse responsible for general care, dental practitioner, veterinary surgeon and pharmacist, as well as the auditing profession.

(1) Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications OJ L 201, 31.7.1999.