Recognition of Professional Qualifications

Similar documents
Recognition of Foreign Qualifications in the EU

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

Education and Training Committee, 5 June 2014

Council, 25 September 2014

Meeting with Professional Organisations on the evaluation of the Professional Qualifications Directive. 29 October 2010

Directive 2013/55/EU - Changes in Professional Qualifications: Are you ready? Zara Green UK National Contact Point Coordinator

1.4 Our main role is to protect the health and wellbeing of those who use or need to use our registrants services.

REGULATED PROFESSIONS AND THE ROLE OF CHAMBERS IN THE EU LAW

To Green Paper Modernising the Professional Qualifications Directive

1. INTRODUCTION SNVEL

We would be very happy to expand on this submission, orally or in writing, if the Committee so wishes.

COMMISSION STAFF WORKING DOCUMENT. Assessment of stakeholders' experience with the European Professional Card and the Alert Mechanism procedures

EUA Briefing Note on the Commission s proposed amendments to Directive 2005/36/EC on the Recognition of Professional Qualifications

Ordem dos Enfermeiros

EUROPEAN COMMISSION Directorate General Internal Market and Services

Implementing the revised recognition of professional qualifications Directive

CONSULTATION PAPER BY DG INTERNAL MARKET AND SERVICES ON THE PROFESSIONAL QUALIFICATIONS DIRECTIVE 15 March 2011

A short paper for ENVI & IMCO MEPs Two solutions to improve recognition of specialisms in the Chapter III professions

Health systems and the internal market: the wider legal context

Study definition of CPD

THE ACQUIS COMMUNAUTAIRE & DIRECTIVE 2005/36/EC, amended by 2013/55/EU

SPECIFIC PRIVACY STATEMENT ERCEA ERC- Proposals Evaluation, Grants Management and Follow-up

REGULATION on the recognition of professional qualifications of healthcare practitioners from other EEA Member States, No. 461/2011.

The Swedish national courts administration. data/assets/pdf_file/0020/96410/e73430.pdf

CODE OF CONDUCT Q&A. Medicines for Europe. Follow us on

Brussels, 12 June 2014 COUNCIL OF THE EUROPEAN UNION 10855/14. Interinstitutional File: 2012/0266 (COD) 2012/0267 (COD)

Public Diplomacy, Policy Research and Outreach Devoted to the European Union and EU-Canada Relations

Introduction. 3. The law gives the GMC four main functions:

The Role and Responsibilities of the Medical Physicist in MRI in Europe

LIETUVOS RESPUBLIKOS SOCIALINĖS APSAUGOS IR DARBO MINISTERIJA MINISTRY OF SOCIAL SECURITY AND LABOUR OF THE REPUBLIC OF LITHUANIA

General Osteopathic Council

Support for Applied Research in Smart Specialisation Growth Areas. Chapter 1 General Provisions

A common training framework for hospital pharmacy. What is it, and what are the legal aspects?

European Mutual Recognition application for registration guidance

EXECUTIVE SUMMARY. Direct Investigation Control of Healthcare Professions Not Subject to Statutory Regulation

Transatlantic Strategy Forum

UNIversal solutions in TELemedicine Deployment for European HEALTH care

Standards for pre-registration nursing programmes

DIRECTIVES. COUNCIL DIRECTIVE 2009/71/EURATOM of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations

INDIA S REQUEST* LIST TO INDONESIA. Horizontal Commitments

EUROPEAN COMMISSION. CALL - EAC/A01/2015 Erasmus+ Vocational Education and Training Mobility Charter

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

LEGISLATIVE ACTS AND OTHER INSTRUMENTS COUNCIL DIRECTIVE establishing a Community framework for the nuclear safety of nuclear installations

Continuous Professional Development of Health Professionals European Context

Submission to: THE EUROPEAN UNION COMMITTEE: SUB-COMMITTEE ON SOCIAL POLICIES AND CONSUMER PROTECTION

INDIA S REQUEST* LIST TO SRI LANKA. Horizontal Commitments

DRAFT OPINION. EN United in diversity EN. European Parliament 2018/0018(COD) of the Committee on Industry, Research and Energy

Nursing associates Consultation on the regulation of a new profession

Safeguarding public health. The New PV Legislation. Perspective from a Member State

Erasmus+ Vocational Education and Training Mobility Charter Specifications for call - EAC/A02/2016

Subsidy contract for the project. Click here to enter text.

Ministry of Social Affairs and Health, Finland N.B. Unofficial translation. Legally binding only in Finnish and Swedish. No.

Erasmus+ The future programme. Johannes Gehringer Unit for Higher Education, DG Education, Youth, Sport and Culture European Commission

Patient Safety & Quality JA PaSQ

EUROPEAN COMMISSION. CALL - EAC/A06/2017 Erasmus+ Vocational Education and Training Mobility Charter

COMMISSION OF THE EUROPEAN COMMUNITIES

COMMISSION DELEGATED DIRECTIVE../ /EU. of

MINIMUM CRITERIA FOR REACH AND CLP INSPECTIONS 1

SPECIFIC PRIVACY STATEMENT IMI JU

COMMISSION DIRECTIVE 2011/18/EU

SOCIAL POLICIES AND CONSUMER PROTECTION SUB- COMMITTEE Safety First: Mobility of Healthcare Professionals in the EU Oral and written evidence

Innovation in the Rural Development Networks. Matthias Langemeyer & Iman Boot Directorate General for Agriculture and Rural Development

UNIVERSITETS- OG HØGSKOLERÅDET

SPECIFIC CALL FOR PROPOSALS COMM/SUBV/2019/M

Commission Guidelines for the implementation of the Clinical Trials Regulation NTA Ethics Oslo

CALL FOR THEMATIC EXPERTS

ASSESSMENT OF THE CONSOLIDATED ANNUAL ACTIVITY REPORT OF THE AUTHORISING OFFICER FOR THE YEAR 2014

CALL FOR PROPOSALS FOR PARTNERSHIP1 COMM/FPA/2016

Mix of civil law and common law. Official law database Ministry for justice, culture and local government of Malta

SCOTTISH ENTERPRISE REGIONAL AND SME INVESTMENT AID SCHEME

Open call for proposals VP/2004/021. Initiatives to promote gender equality between women and men, including activities concerning migrant women

Draft Health Practitioner Regulation National Law Amendment Paramedic specific clauses

and Commission on the amended Energy Efficiency Directive and Renewable Energies Directives. Page 1

The Nursing and Midwifery Order 2001 (SI 2002/253)

Statutory Boards Assessment Report: February 2016

Guidance for the conduct of good clinical practice inspections

GENERAL TENDER CONDITIONS

High Level Pharmaceutical Forum

COMMISSION IMPLEMENTING DECISION. of

Quality Assurance of Specialty Education and Training 2016 Pilot Activity Report

CALL FOR FINANCIAL CAPACITY CHECK EXPERTS

Brussels, 10 November 2003 COUNCIL THE EUROPEAN UNION 14487/03 TELECOM 144. REPORT from : COREPER date : 7 November 2003

Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director

GUIDE FOR OVERSEAS APPLICANTS

GUIDE FOR APPLICANTS INTERREG VA

NGO Programme - Greece EEA Financial Mechanism APPLICATION FORM FOR THE OUTCOME DEMOCRATIC VALUES, INCLUDING HUMAN RIGHTS, PROMOTED

The internal quality assurance system of the Foundation for the Accreditation of Study Programmes in Germany

CROSS-BORDER COOPERATION IN RESEARCH AND HIGHER EDUCATION

Department of Agriculture, Environment and Rural Affairs (DAERA)

Sharing Information at First Entry to Registers September 2008

Erasmus+ mid-term evaluation - the Swiss feedback 1 2 3

RULES - Copernicus Masters 2017

The implementation of the Clinical Trial Regulation (CTR, n 536/2014) in Belgium. and impact on the ethical review process

Biocidal product regulation the changes to come

Council of the European Union Brussels, 24 February 2015 (OR. en)

RULES. INNOVATION AWARD FOR WOMEN FARMERS Women farmers as drivers of innovation

The text of this document (but not the logo and branding) may be reproduced free of charge in any format or medium, as long as it is reproduced

2011 Call for proposals Non-State Actors in Development. Delegation of the European Union to Russia

CALL FOR EXPRESSION OF INTEREST. Seconded National Experts for the ERCEA ERCEA/SNE/143/2017

MEET Adem. Information Session for Employers. Head of the Foreign employment service Head of the Employer service. 4 June 2014

Transcription:

Recognition of Professional Qualifications Modernising Directive 2005/36/EC Marko CURAVIC (DG ENTR/D.1) Towards a more intensive cooperation in the transposition of the Directive 2013/55/EU among Competent Authorities and Professional Councils to facilitate mobility of health professionals while safeguarding patient security in the EU 30 September 2014 1

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 2

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) 3

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) 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 5

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 6

Modernisation of Dir. 2005/36 (timing) March 2010 May 2011 Evaluation of the Directive Public consultation January 2011 June 2011 Dec.2011 Preparation of the legislative proposal Green Paper adopted on 22/06/2011 (public consultation) Steering group EPC Jan Sept 2011 Legislative proposal adopted on 19/12/2011 January 2012 Feb. 2013 Discussions in the EP and Council Vergnaud report adopted on 23/01/2013 March 2013 June 2013 Trilogues Political agreement - trilogue on 12/06/2013 July 2013 November 2013 Consolidation and adoption Vote in EP 09/10/2 013 Vote in Council 15/11/2013

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. Deadline for transposition : 18 January 2016 8

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 in all host MSs concerned

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 Focus group, expert meeting, GoC, open consultation Implementation EPC to be ready by the end of transposition period Work on the implementing acts (2014), technical development (2015)

Alert Alert mechanism 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) Changes to minimum training conditions for Doctors, Nurses, Dentists, Midwives and Pharmacists (to be explained in the next presentation)

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 2 nd 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 -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 work plan Objectives 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

Process European map of regulated professions published in May: Based on all professions notified by Member States during transparency part of mutual evaluation Map currently incomplete, no update yet from some Member States (of which Belgium) Case-by-case examination of professional access restrictions in Member States: Ensure that entry barriers are justified and proportionate to protect public interest (health and consumer safety). Consider impact on mobility / quality / wages / costs to consumers/ innovation / employment & economic growth.

State of play Professions grouped and analysed into two clusters: 1st cluster until end 2014: Business services, construction, manufacturing, real estate, transport, wholesale and retail 2 nd cluster until end 2015 :Education, entertainment, health and social services, network services, public administration, tourism, other services Mutual evaluation meetings on exemplary professions: - Feb 2015: physiotherapists and psychologists - April 2015: Dental hygienists Member States to present national action plans in April 2015 and January 2016 Commission to analyse actions plans and follow-up

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 21

Thank you for your attention! Markt-E4@ec.europa.eu 22