1. András Zsigmond (DG MARKT/E.4) HEE England Brussels, 18 February 2014
Recognition of Professional Qualifications Modernising Directive 2005/36/EC
András Zsigmond (DG MARKT/E.4)
HEE England
Brussels, 18 February 2014

2. 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

3. Permanent establishment: 3 regimes
Automatic recognition based on harmonised minimum training requirements (7 "sectoral professions": doctors, nurses, dentists, veterinary surgeons, pharmacists, midwives, architects)
Automatic recognition based on professional experience (mainly crafts, industry and commerce)
General system of mutual recognition (primary or subsidiary application)

4. GENERAL SYSTEM OF RECOGNITION Permanent 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)

5. 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

6. 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

7. Modernisation of Dir. 2005/36 (timing)
March 2010 – May 2011
Evaluation of the Directive
June 2011 – Dec.2011
Preparation of the legislative proposal
January 2012 – Feb. 2013
Discussions in the EP and Council
March 2013 – June 2013
Public consultation
January 2011
Trilogues
July 2013 – November 2013
Consolidation and adoption
Green Paper adopted on 22/06/2011
(public consultation)
Legislative proposal adopted on 19/12/2011
Vergnaud report adopted on 23/01/2013
Political agreement - trilogue on 12/06/2013
Steering group EPC
Jan – Sept 2011
Vote in EP 09/10/2013
Vote in Council 15/11/2013

8. 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.

9. Most important issues European Professional Card Alert mechanism
Sectoral professions
Common Training Principles
Language requirements
Partial access
Mutual evaluation - transparency
Other subjects

10. 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

11. 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)

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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?

21. The Process As 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

22. Timing

23. 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

24. Useful links Professional Qualifications Directive in practice:
Latest policy developments:

25. Thank you for your attention!