Recognition of Professional Qualifications

Modernising Directive 2005/36/EC

András Zsigmond (DG MARKT/E.4)

HEE EnglandBrussels, 18 February 2014

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Directive 2005/36/EC in a nutshell

Beneficiaries: EU/EEA nationals wishing to pursue a profession which is regulated in the host MS

Considered fully qualified professionals in the home MS

Employees or self-employed

Unless other sector-specific EU legislation applies (for example seafarers)

Effects of recognition: access to profession under the same conditions as nationals

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Permanent establishment: 3 regimes

1. Automatic recognition based on harmonised minimum training requirements (7 "sectoral professions": doctors, nurses, dentists, veterinary surgeons, pharmacists, midwives, architects)

2. Automatic recognition based on professional experience (mainly crafts, industry and commerce)

3. General system of mutual recognition (primary or subsidiary application)

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GENERAL SYSTEM OF RECOGNITIONPermanent establishment

Comparison between migrant's qualifications and qualifications required in the host MS

5 levels of qualifications used

In case of substantial differences: compensatory measures (adaptation period or aptitude test)

2 years of experience required if profession not regulated in home MS

Strict deadlines for MS (4 months)4

Temporary provision of services

Assessment of the temporary and occasional nature on a case by case basis

Principle of free and immediate access to the profession if:• Legal establishment in a MS

• 2 years experience if profession not regulated in the MS of establishment

Possibility for host MS to request a prior declaration and accompanying documents

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Temporary provision of services

Derogation:• Prior check of qualifications possible for

professions having health or safety implications, if not automatically recognised (Art. 7§4)

Exercise of the profession:• Professional and disciplinary rules of the host MS

apply

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Modernisation of Dir. 2005/36 (timing)

Evaluation of the Directive

Evaluation of the Directive

Preparation of the legislative

proposal

Preparation of the legislative

proposal Discussions in the EP and

Council

Discussions in the EP and

CouncilTriloguesTrilogues

Consolidation and adoptionConsolidation and adoption

March 2010 – May 2011

June 2011 – Dec.2011

January 2012 – Feb. 2013

March 2013 – June 2013

July 2013 – November 2013

Legislative proposal

adopted on 19/12/2011

Green Paper adopted on 22/06/2011

(public consultation)

Vergnaud report

adopted on 23/01/2013

Political agreement - trilogue on 12/06/2013

Vote in EP

09/10/2013

Vote in Council

15/11/2013

Public consultation

January 2011

Steering group EPCJan – Sept 2011

Steering group EPCJan – Sept 2011

• Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation')

• published on 28 December 2013 in the Official Journal L354, p. 132.

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Most important issues

• European Professional Card• Alert mechanism• Sectoral professions• Common Training Principles• Language requirements• Partial access• Mutual evaluation - transparency• Other subjects

European Professional Card (EPC)

− Articles 4a to 4e and Article 60(2)(a)− Electronic certificate transmitted via the Internal

Market Information System − What does it do in case of permanent establishment?

• Accelerates recognition procedures• Validation by host Member State remains but challenge of tacit

recognition

− What does it do in case of temporary mobility?• EPC replaces declaration for 18 months and is valid on the entire

territory of the MS concerned• Valid at the same time in all MS requested for

European Professional Card (EPC)− Need for implementing acts for specific professions

(criterias of the Directive)− Interested professions

• 18 October 2013 – Call for expression of interest in EPC• 7 preselected professions: doctors, nurses, pharmacists,

physiotherapists, real estate agents, engineers, mountain guides• Public consultation

− Implementation• EPC to be ready by the end of transposition period• Work on the implementing acts (2014), technical development

(2015)

Alert mechanism

− Alert• To all Member States• Restriction or prohibition, even if temporarily; fake diplomas• Within 3 days• Limited information• Data protection

− All sectoral professions; professions with patient safety implications; education of minors, including childcare and early childhood education

− Implementing act

Sectoral health professions

− Continuous Professional Development (GoC to exchange information)

− Doctors: 5 years and 5500 hours; partial exemptions for specialist medical training; new medical specialties; Italian acquired rights

− Nurses: two-tier system, common list of competences; Romanian nurses with review mechanism; Polish nurses

Sectoral health professions

− Dentists: 5 years and 5000 hours; new dental specialties; Spanish doctors

− Midwives: 12 years of general education; update of knowledge and skills; list of activities; implementation

− Pharmacists: derogation; list of activities

Partial access

− Principle developed by the Court− Principle to be decided in individual Member States on a

case-by-case basis• The professional is fully qualified• If compensation measure = full programme of education and training• Activity can objectively be separated (home MS situation to be taken

into account)

− Possibility to reject partial access in case of overriding reasons of general interest

− Does not apply to sectoral professions− Use of the professional title / information to service

recipients

Common Training Principles

− Common training frameworks / common training tests− Conditions for the introduction− Initiative of the professional organisations / competent

authorities from 1/3 of Member States; discussion in the GoC

− Procedure: delegated act / possibility of exemptions / implementing act

− Applies to specialties

Language knowledge

− Professionals shall have the necessary knowledge of languages

− Control in case of serious and concrete doubt− Systematic control possible for professions with patient

safety implications− Safeguards for the professional

• Only one official or administrative language of the MS but MS can encourage learning a 2nd language; role of the employers

• Check only after a recognition of a qualification but before accessing the profession

• Proportionality and possibility of appeal

Mutual evaluation exercise - Context

- March 2012 European Council conclusions- EP resolution of 14 June 2012 - European Semester: several country specific

recommendations on professional services in 2012 and 2013- Article 59 of revised Professional Qualifications Directive: MS

agreed to transparency and mutual evaluation- 2nd October Communication on evaluating national

regulations on access to professions

Mutual evaluation - Facts

- Professional Services = 9% of EU GDP- Eurostat July 2013: 26.65m unemployed across EU- Around 740 categories of regulated professions from florists

to detectives, librarians to welders…:• Constitutes a barrier to free movement?• Proportionate and necessary?

- Different forms of access control have different impacts on the business environment:

• Access restrictions – Regulatory forms: Qualifications and reserved activities, certification, protection of titles.

• Other restrictions on the exercise of the professions: Legal form, shareholding, tariff setting, membership of professional bodies

Objectives of mutual evaluation

- Modernise, simplify and improve access to professions across MSs to:

• Promote mobility and encourage cross border service development• Improve competitiveness and employment in professional services• Maintain the best interests of consumers

- To achieve this we need to ask ourselves:• Are current systems fit for purpose?• Are they achieving their policy outcomes? • Are there unintended consequences?• Are there alternative ways to achieve the outcomes we desire?

The ProcessAs a first step transparency will map the whole landscape:

Give complete transparency on regulated professions and entry restrictions to interested professionals

European map of regulated professions

Case-by-case examination of the professional access restrictions in Member States: Ensure that entry barriers are justified and proportionate to protecting the public interest

(health and consumer safety). Consider the impact on mobility / quality / wages / costs to consumers/ innovation /

employment & economic growth.

Mutual evaluation will target best practice to ensure that professional access frameworks are meeting objectives that are in the best interests of European citizens.

Member States to present national action plans in April 2015 and June 2016

Timing

Other subjects

− Free provision of services− Transparency exercise− General system (educational levels; professional

experience; scope; compensation measures)− Recognition of traineeships− Access to information / e-governance− Craft / trade / industry− Implementing / delegated acts

Useful links

Professional Qualifications Directive in practice:http://ec.europa.eu/internal_market/qualifications/directive_in_practice/index_en.htm

Latest policy developments:http://ec.europa.eu/internal_market/qualifications/policy_developments/index_en.htm

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• Thank you for your attention!

• Markt-E4@ec.europa.eu

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