91999E0899

WRITTEN QUESTION E-0899/99

by Cristiana Muscardini (NI) to the Commission

(8 April 1999)

Subject: Freedom of movement for sports coaches

In its answer to Written Question E-3856/98(1) the Commission declared that Italy, like all the Member States, had been called upon to bring its legislation into line with Directives 89/48/EEC(2) and 92/51/EEC(3). It also noted that it had hitherto not had to deal with particular problems connected with recognition of sports coaches' qualifications in Italy.

1. Has it not occurred to the Commission that the reason why it has not had to deal with any special difficulties is that Directive 92/51/EEC, which, barring exceptions, covers sports coaches' qualifications, has never been enforced?

2. To dispel all doubt, could the Commission say which piece of Italian legislation has transposed and/or given effect to the Directive in question?

Answer by Mr Monti on behalf of the Commission

(4 May 1999)

The honourable Member mentions the transposition of Directives 89/48/EEC and 92/51/EEC in Italy. Council Directive 89/48/EEC of 21 December 1988 introduced 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 subsequently supplemented by Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training. This second directive deals with diplomas that were not covered by Directive 89/48/EEC.

As stated in the answer to the honourable Member's Written Question E-3856/98, the qualifications of sports instructors are covered solely by Directive 92/51/EEC. This directive was transposed into Italian law by Legislative Decree No 319 of 2 May 1994. This legislative decree has a very broad field of application. It is not restricted to covering a specific professional sector. It is intended to apply to all regulated professions that come under Directive 92/51/EEC. The fact that a profession is not specifically mentioned does not mean that it is not covered by the directive. Regulated professions in the sports sector are thus covered by this legislative decree.

It is important to remember that Directive 92/51/EEC applies only to regulated professions. Consequently, if a Member State decides not to regulate a profession, the directive does not apply because possession of a diploma is not a legal requirement for access to the profession.. Access is thus legally free.

The Commission also confirms that it has not been informed of particular difficulties in relation to the recognition of diplomas for sports instructors in Italy. No complaint has been lodged in this area. Any complaints could refer to Italy's failure to transpose the measure or to poor application of the national transposition measures, i.e. the legislative decree of 2 May 1994.

Lastly - and this has been pointed out before - the Commission cannot impose on Italy specific measures for regulating the profession. In accordance with the principle of subsidiarity, the Member States are sovereign as regards regulations on professions. This means that the Commission has no powers to act with regard to how Italy regulates the profession of sports instructors in its own country. Italy can also choose not to regulate a profession. Naturally, the Italian authorities are required to provide mechanisms for the recognition of diplomas and to abolish any measure that might be considered discriminatory. As has already been pointed out, however, there do not seem to be any particular problems in this respect.

(1) OJ C 207, 21.7.1999, p. 136.

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

(3) OJ L 209, 24.7.1992, p. 25.