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