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Revised Directive 2005/36/EC Nurses responsible for general care
Alma BASOKAITE (DG GROWTH/E5) EU Nurse Regulators conference, April 2016
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Modernisation: Directive 2013/55/EU
Timeline: entry into force: 17/1/2014; transposition deadline: 18/1/2016 Most important issues: Sectoral professions Revision of minimum training conditions possible future revision of minimum training programmes by delegated acts European Professional Card Alert mechanism Language requirements Other subjects
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Nurses resp. for general care I (Art.31-33a)
Dir. 2005/36/EC Dir. 2013/55/EU Entry requirements: 10 years of general education, giving access to a school of nursing Two-tier system: - 12 years of general education, giving access to universities; or - 10 years of general education, giving access to a vocational school/training programme for nursing Duration and minimum training requirements: - Full-time, 3 years or 4600 training hours Theoretical education - min. 1/3, clinical training - min ½ comprising minimum training programme (Annex V, point 5.2.1) Commission may adopt the contents listed in Annex V, point in accordance with regulatory procedure with scrutiny (comitology) - never used 3 years and 4600 training hours, which may in addition be expressed with equivalent ECTS credits Cumulative requirements: trainings have to be aligned with them Commission may adopt Delegated acts to amend the list of subjects in Annex V, point 5.2.1 28/04/2017
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Nurses responsible for general care II (Articles 31-33a)
Dir. 2005/36/EC Dir. 2013/55/EU Knowledge and skills Minimum list of specific knowledge and skills listed in Article 31 (6) Update of the list of knowledge and skills in Article 31(6) Competences - New minimum list of competences (Article 31(7) to be implemented into national laws and study programmes by the end of transposition deadline; MSs must guarantee that that new competences are gained, but have a discretion to choose the means (exam/mandatory participation in study subjects, etc.). Specific acquired rights (Art. 33 and 33a) Polish nurses trained before accession (3/5 or 5/7 years or 'bachelor' + upgrading programme) Romanian nurses of post-secondary education (5/7 years) Changes to specific acquired rights regimes for Polish and Romanian nurses (Art. 33 and 33a): - a need to change the national provisions accordingly 28/04/2017
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Annex V: Commission delegated powers (I)
COM may adopt delegated acts to amend the [minimum] list of subjects in Annex V, point with a view to adopting to scientific and technical progress (Art. 31(2)) Each proposed changes shall be justified in light of "scientific and technical progress", and Shall NOT affect the “existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons” and Shall “respect the responsibility of the Member States for the organisation of education systems”. Changes may include modifying the existing subjects, adding new ones or regrouping them to ensure that the minimum required training programme is up to date.
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Annex V: Commission delegated powers (II)
Exact legal form of a delegated act: delegated decision/ regulation /directive (tbd) Procedure: Consultation with all the relevant stakeholders, including the MSs (e.g., public consultation/expert or focus groups, discussions in the Group of Coordinators) Adoption of a delegated act by COM (no comitology) Notification to the EP/the Council Entry into force only if no objection from the EP/the Council within 2 months after notification Publication EC/the Council have a right to revoke delegated power, if conditions not respected (Art. 57c).
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Annex V: What's next? During 2016: priorities on implementation
Focus on compliance check of transposition of Dir. 2013/55/EU by MS, implementation of actions in Single Market Strategy, ensuring functioning of the European Professional Card/Alert mechanism As from 2017: Priorities will need to be determined in the light of political priorities and Commission Work Programme. Update of Annex V programmes, development of Common Training Principles will be considered. No decision yet –> Several professions are concerned by possible changes to Annex V -> a need for consultations and extensive discussions with Member States and stakeholders.
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Useful links Professional Qualifications Directive in practice:
Latest policy developments:
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