Continuing Professional Development, the Professional Qualifications Directive, and the Architects Council of Europe Margaret Hynds O’Flanagan Chair, ACE WG PQD/PPE/CPD and Accreditation ACE General Assembly, 5 June 2017, Rome
CPD and the Professional Qualifications Directive 2005/35/EC Article 22 Common provisions on training With regard to the training referred to in Articles 24, 25, 28, 31, 34, 35, 38, 40, 44 and 46: (a) ….(b) Member States shall, in accordance with the procedures specific to each Member State, ensure, by encouraging continuous professional development, that professionals whose professional qualification is covered by Chapter III of this Title are able to update their knowledge, skills and competences in order to maintain a safe and effective practice and keep abreast of professional developments. Member States shall communicate to the Commission the measures taken pursuant to point (b) of the first paragraph by 18 January 2016.
Martin Frohn to ACE (IDP) 21.1.16 This is indeed a requirement. The enacting terms of binding EU legislation, i.e. the articles of directives, contain obligations. However, the obligation does not go beyond what is required by this provision. In other words, this provision leaves a margin of appreciation and certain flexibility to MS. It is up to them to decide how to effectively ensure that professionals are able to update their knowledge, in order to fulfil their obligation under Article 22 (1)(b). And let's not overlook the fact that the text says" ensure by encouraging professional development, that professionals … are able to update their knowledge", it does not say "ensure that professionals are made subject to obligations to update their knowledge".
Martin Frohn continued Apart from the fact that professionals should not be prevented from updating their knowledge and skills, there is a positive obligation 'to encourage' continuous professional development, by appropriate means. This applies indeed to all professionals whose professional qualification is covered by Chapter III. As you correctly pointed out, the measures taken pursuant to point (b) of the first paragraph of Article 22 should be reported to the Commission by 18 January 2016. This could include existing measures, which are considered sufficient to fulfil the obligation. However, we would expect from MS to notify also measures they subsequently introduce. We will assess compliance with the obligations of the revised directive in the course of this year and have planned a number of activities in this regard and we will certainly also look at this article.
ACE Approach to CPD ACE Business Plan priorities - 1.ADVANCING THE HIGHEST PROFESSIONAL STANDARDS - to safeguard the public interest 1.1 Education, training & development – promote greater convergence of standards, develop common approaches to traineeship, life-long learning, accreditation; follow up Transparency Review and prepare for 2017 review of the Qualifications Directive to optimise intra-EU mobility; monitor Schools programme There has been no report from the Commission on CPD returns or analysis.
ACE Survey on CPD and Accreditation Joint Survey by ACE and ENACA 2016 To give members of the Architects Council of Europe and the European Network of Architects Competent Authorities clear concise data on systems of accreditation, and CPD models across Europe To equip the ACE and the ENACA with authoritative data on CPD requirements which may be helpful in discussion with the European Commission with regard to the Professional Qualifications Directive and the Services Package. To provide the ACE and the ENACA with authoritative data on systems of accreditation for use in discussions with the European Commission and/or licensing authorities from States and regions outside the EU with which Mutual Recognition Agreements are being discussed. Emma Matthews of ARB will report on the Accreditation aspect of the survey
Responding States
States with some form of CPD requirement
States with some form of CPD requirement Note: where a statutory/regulatory obligation and a professional obligation co-exist the State is listed within the Statutory obligation group. One further State reports providing and supporting CPD but it is entirely optional.
States with some form of CPD requirement
Other requirements Average Hours of structured CPD per year required = 22 Sanctions can apply for non-compliance in 58% of cases
Sample of sanctions available Disciplinary sanctions may be imposed. The regional council conducts training audits annually through random sampling. It also systematically caries out such control when it receives a complaint against an architect. If the member does not fulfill the CPD he/ she will be suspended and after some time he/she has to undertake new exam to become a member again. Non compliance may be addressed to the Professional Conduct Committee as CPD compliance is addressed under the Code. Disciplinary sanctions can be applied. These are defined by the Professional Body, it is possible also the temporary suspension from national professional Register If the documentary proof of improving the professional qualification was not supplied, the qualification attestation certificate might be suspended for 6 months. Competence will be taken into account if an architect becomes the subject of disciplinary process. If, after repeated requests, the member refuses to supply evidence that they have attained the minimum, they could become a disciplinary case. They could then be suspended from membership.
Requirements - Topics
Direct CPD provision CPD requirement CPD opportunites provided CPD opportunities NOT provided No response Total CPD required 13 4 1 18 CPD NOT required 2 7 14 6 5 25
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Conclusions and next steps? CPD requirements are as diverse as the systems within which they have evolved. This reflects the qualifications and registration systems and requirements which, nevertheless attain the same objectives in a culturally specific manner. Professionalism rather than regulation remains likely to be the strongest driver of CPD although regulatory systems are evolving at national level. It remains to be seen how the Commission will act on the data they have gathered, ACE will continue to observe and engage
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