Divers join battle for recognition in France

Date: 24/07/1997

By Leyla Linton

SCUBA divers have added their voices to the clamour of complaints about restrictions which prevent qualified sports instructors from other EU member states working in France.

They have teamed up with ski instructors, who have long been battling to be allowed to teach on the French slopes, to try to force progress on the issue.

Both professions are unable to teach in France because the authorities there do not recognise their qualifications, claiming there is a “substantial difference” in the French national certification system.

The instructors deny this and believe themselves to be victims of protectionism, contrary to the EU principle of free movement.

Jean-Claude Monachon, a vice-president of the Professional Association of Diving Instructors in Europe (PADI), says several of its members have been taken to court in France. Although they all won their cases eventually, Monachon feels EU action is needed because fighting through the courts is not easy for the individuals concerned.

The French ministry of youth and sport has raised concerns over the safety of the PADI qualification, but the association claims the ministry is not receiving neutral advice from its experts, who are French diving instructors.

More than 800,000 divers a year in 175 countries - over 60&percent; of all divers - qualify with PADI, which argues that it boosts tourism and jobs in the areas in which it operates.

Meanwhile, ski instructors are still pressing for their qualifications to be recognised in France. The conflict centres on differences between the French and British slalom tests. “We want our system to be recognised,” said Bob Kinnaird, chief executive of the British Association of Skiing Instructors (BASI), pointing out that Italian ski instructors did not have to take a slalom test but were nevertheless able to work in France.

The French monitored the situation during the last season and recently submitted a report to the European Commission, which has so far avoided taking legal action against Paris.

A spokeswoman for Internal Market Commissioner Mario Monti said: “The problem is much more on the ground. In legal terms everything is solved, but we are going to have a look at the concrete implementation.”

She added that the Commission's approach would be “pragmatic”, saying: “We would like to have everything sorted out by next season.”

But Simon Holmes, a partner in SG Berwin, which is acting for BASI, warned: “Being warm and cuddly does not work. We called off the press, Commission, MEPs. We now need to push matters forward. Legal action will be necessary as a last resort.”