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Parliamentary questions
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24 January 2019
Answer given by Ms Bieńkowska on behalf of the European Commission
Question reference: E-005697/2018

The Commission does not currently intend to pursue any initiative aiming at harmonising the training for commercial divers, including training on protecting the marine environment. It is nevertheless a Member State’s responsibility to envisage measures that protect the marine environment through their marine strategies(1).

In the absence of harmonisation, it remains under national competence to decide whether and how to regulate a profession, e.g. the level of training needed to access a profession or to exercise professional activities, within the limits of EC law and in particular the principle of proportionality. Based on the information in the Regulated Professions Database, five Member States(2) have indicated that they regulate the profession of diver or commercial diver.

When considering regulation, Member States should take into account the effects on the mobility of professionals and should consider the impact on employment as regards access to the individual activities. In this context, the Proportionality Test Directive(3) was recently adopted, which obliges Member States to assess thoroughly and, ex-ante, the proportionality of new professional regulation.

The Commission plans to finalise its review and evaluation of the directive on safety of offshore oil and gas operations (2013/30/EU) in July 2019 and is still in the process of collecting information from all sides, including Member States and stakeholders. At this point of time, it can neither draw conclusions nor comment on potential proposals.

(1)As required under Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive).
(2)Italy is not one of them.
(3)Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions, OJ L 173, 9.7.2018.

Last updated: 24 January 2019Legal notice