The European Commission has formally asked France and Spain to correct breaches of EU law on professional qualifications. These requests take the form of “reasoned opinions”, the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.

Spain has been asked to amend its legislation relating to the recognition of engineering diplomas. France has been asked to amend its legislation relating to the use of the professional title of dentist.

• Spain – The Commission has received a number of complaints from engineers from which it appears that a directive on a general system for the recognition of professional education diplomas is being applied incorrectly by the Spanish authorities. Having obtained the equivalent of Spanish academic qualifications at an Italian university, engineers sat the State examination which, in Italy, gives them the right to practise their profession. A Council Directive (89/48/EEC), confers the right on Community citizens who possess the diploma required for practising a profession in another Member State to gain access to this profession or to practise it in the host Member State under the same terms and conditions as nationals of that State.
• France - Complaints received by the Commission reveal that the holders of French dentistry qualifications use the professional title differently to Community citizens covered by the Directive. The conditions for the use of this professional title place dentists who have qualified in other Member States at a disadvantage compared with their French colleagues and amount to discrimination based on the nationality of the diploma. The Commission considers that France’s response to the formal notice to amend its legislation is unsatisfactory.

If EU law on the recognition of professional qualifications is not respected, qualified individuals could be denied the right to practise their profession in any Member State. Moreover, by placing obstacles in the way of such recognition, Member States make it more difficult for their own citizens and enterprises to select qualified professionals from other Member States to provide services within their territory.

At this stage in the process for both Spain and France, if there is no satisfactory reply within two months, the Commission may refer the matter to the European Court.  ACA will track both infringement proceedings.