Free movement of professionals and recognition of professional qualifications in the EU

Transcription

1 Free movement of professionals and recognition of professional qualifications in the EU Meeting between EU-Commission and Representatives from Reparis Countries in cooperation with the World Bank Brussels, Agnieszka Matuszak, Legal Officer, DG MARKT, Unit D4- Recognition of Professional Qualifications 1

2 Article 53 TFEU Facilitation of free movement of persons by directives for the mutual recognition of professional qualifications 2

3 History Rules for craft, commerce and industry sectors Harmonisation approach mid 1980s: move away from harmonisation approach towards mutual recognition (Directive 89/48/EEC) 2005: Directive 2005/36/EC on the recognition of professional qualifications 3

4 Today s EU law on the recognition of professional qualifications Directive 2005/36/EC on the recognition of professional qualifications Rules applying to lawyers concerning the provision of services and the establishment under the title of country of origin (Directives 98/5/EC and 77/249/EEC) 4

5 What is the 2005 Directive about? Consolidation of existing Community law Facilitation of provision of services on a temporary or occasional basis Increasing administrative cooperation 5

6 Subject of the Directive When shall a Member State permit a professional, who is qualified for a profession in another Member State, to exercise that profession under the same conditions as apply to its nationals? 6

7 Three systems of recognition (1) Automatic recognition seven professions, for which the minimum training requirements have been harmonised 7

8 Automatic recognition is granted for seven privileged professions Doctors, dentists, nurses, midwives, pharmacists, veterinary surgeons and architects 8

9 Three systems of recognition (1) Automatic recognition seven professions, for which the minimum training requirements have been harmonised (2) Recognition based on professional experience and skills professions of craft, commerce and industry sectors listed in the annex of the Directive 9

10 Three systems of recognition (1) Automatic recognition seven professions, for which the minimum training requirements have been harmonised (2) Recognition based on professional experience and skills professions of craft, commerce and industry sectors listed in the annex of the Directive (3) General system All other regulated professions, which are not subject to specific rules 10

11 General System Principle: Access to a profession shall be granted to a professional who is fully qualified for the profession in question in another Member State Under certain conditions: Compensatory measures if duration or content of training are differing substantially from those required in the host Member State 11

12 Possible compensatory measures Adaptation period Aptitude test 12

13 Provision of services Most important innovation of the Directive: Facilitation of provision of services = temporary and occasional exercise of the profession in the host Member State Principle: Member States shall not restrict, for any reason relating to professional qualifications, the free provision of services 13

14 What does this mean? Competent authorities must not check the qualifications if - the professional is legally established in another MS - or, in case the profession is not regulated, he has exercised the professions for two years Exception for (non-sectoral) professions with public health or safety implications 14

15 Conditions Provision of services under the professional rules and disciplinary provisions which are applicable in the host MS No or only pro-forma registration with professional organisations Annual notification to the competent authority 15

16 Case Study I Mr. X has been a working as an accountant in Member State A for the last two and a half years. His family are relocating to Member State B. The profession of accountant is not regulated in Member State A. Can Mr. X benefit from the Directive to work as an accountant in Member State B? 16

17 Case Study I What if Mr X had acquired his qualifications in a country which is not a Member State of the EU? 17

18 Case Study II Mrs. Y has just qualified as an accountant in Member State C and has completed all the requirements for regsitration there. She has been approached by a potential client in Member State D. She would like to accept the offer, but she would also like to continue her work in her home Member State. What to do? 18

19 Case Study III Miss Z is an auditor, legally established in Member State E. Can she provide an audit in Member state F under the terms of Directive 2005/36/EC? 19

20 Case Study III Miss Z is an auditor, legally established in Member State E. Can she provide an audit in Member state F? That depends 20

21 Article 2(3) Where, for a given regulated profession, other specific arrangements directly related to the recognition of professional qualifications are established in a separate instrument of Community law, the corresponding provisions of this Directive shall not apply. 21

22 Thank you for your attention. 22