Richtlijn 2005/36 - Erkenning van beroepskwalificaties - Hoofdinhoud

Inhoudsopgave

Samenvatting van Wetgeving
Wettekst

1. Samenvatting van Wetgeving

System for the recognition of professional qualifications

SUMMARY OF:

Directive 2005/36/EC on the recognition of professional qualifications

WHAT IS THE AIM OF THE DIRECTIVE?

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It sets up a system for the recognition of professional qualifications in the European Union (EU), which also extends, with certain adaptations, to the other European Economic Area (EEA/EFTA) countries and to Switzerland.
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It aims to provide access to labour markets for professionals in other EU countries, further facilitate cross-border service provision and simplify administrative procedures.
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It lays down rules on the mutual recognition of professional qualifications between the EU, EEA/EFTA countries and Switzerland.
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It introduced a mutual evaluation of national professional regulations and a transparency exercise (i.e. screening the entry restrictions to professions and assessing their necessity).
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It also contains ongoing transparency obligations requiring all EU countries to report on the professions they regulate, and to communicate to the European Commission the reasons for considering that existing or new requirements comply with the principles of non-discrimination and proportionality.
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It applies to all nationals of EU and EEA/EFTA countries and Switzerland wishing to pursue a regulated profession, either on a self-employed or an employed basis, in a country other than that where they obtained their professional qualifications.
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The Commission has published an interactive map of the regulated professions in Europe. These are professions to which access, or the right to practice, depends on having specific qualifications. They also include professions for which the use of a specific title is protected, such as chartered and certified accountants in Ireland.
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It does not apply to professions covered by specific directives such as Directive 2006/43/EC on statutory auditors. In the case of lawyers, while their qualifications are covered by Directive 2005/36/EC, they also benefit from two specific directives (77/249/EEC and 98/5/EC) which introduce additional ways for them to provide cross-border services, either temporarily or by establishing themselves permanently in other EU countries.

KEY POINTS

Temporary mobility

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Professionals may provide their services in another EU country on a temporary and occasional basis from their place of establishment in their home country.
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The destination country may ask for a prior declaration but they do not have to go through the recognition procedures.
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This does not apply to professions that have public health and safety implications, for which EU countries may require prior recognition of their qualification under Article 7(4) of the directive.

Permanent establishment

The directive provides for 3 qualification recognition systems:

automatic recognition for professions whose minimum training conditions are harmonised to a certain extent at European level: doctors, nurses responsible for general care, dentists, veterinary surgeons, midwives, pharmacists and architects;

automatic recognition for certain occupations based on their professional experience: professionals in crafts, trades and industry;

the general system for the abovementioned professions which are not covered by the automatic recognition system is based on the principle of mutual recognition of qualifications.

The general system also applies to the other regulated professions where access is granted to any individual who can demonstrate that he or she is fully qualified in their home country.

However, if the authorities of the host country find significant differences between the training acquired in the individual’s home country and that required for the same activity in their country, they can offer the individual the choice of an adaptation period or an aptitude test. The professional experience of the applicant has to be taken into account when considering the imposition and extent of such compensation measures. .

Partial access

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The directive introduced the principle of partial access to a profession where the activities covered by a regulated profession differ from one country to another.
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This can be useful for professionals working in a genuine sector of the economy that does not exist as a profession in its own right in the EU country to which they wish to move.

Language checks

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The directive only allows host countries to carry out systematic language checks for professions that have implications on patient safety.
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Language checks should take place only after the host country has recognised the qualification, should be limited to the knowledge of one official or administrative language of the host country and be proportionate to the activity to be pursued.

European professional card (EPC)

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The directive as amended by Directive 2013/55/EU (applicable in EU countries from 18 January 2016) provides for the possibility of creation of a European professional card (EPC) for selected professions. This allows professionals to obtain recognition of their qualifications more simply and rapidly through a standardised electronic procedure. The card is based on the use of the internal market information system (IMI) and is issued in the form of an electronic certificate.
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The EPC has already been implemented in the first wave for nurses responsible for general care, physiotherapists, pharmacists, mountain guides and real estate agents.

Access to online information and procedures

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EU countries must make all information on recognition of qualifications for all regulated professions available through points of single contact.
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Professionals should be able to complete the procedures and formalities covered by the directive online through the point of single contact or the competent authorities in charge of the profession.
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Assistance centres in each EU country must provide advice and assistance to individual cases.

Implementing and delegated acts

In 2015, the Commission adopted Implementing Regulation (EU) 2015/983 which sets out the procedure for:

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issuing the EPC; and
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applying an alert mechanism introduced by Directive 2005/36/EC that ensures that EU patients and consumers are adequately protected from professionals who have been prohibited or restricted from practising the profession in one country or have used falsified diplomas for their application for the recognition of their qualification.

In 2020, the Commission adopted Implementing Regulation (EU) 2020/1190 correcting Regulation (EU) 2015/983 and clarifying that the competent authority of the home EU country shall decide whether to extend temporary EPCs issued after the prior check of qualifications under Article 7(4) of the Directive.

The Commission has also adopted Delegated Decisions (EU) 2016/790, (EU) 2017/2113, (EU) 2019/608 and (EU) 2020/548 amending Annex V to Directive 2005/36/EC and updating the list of the evidence of automatically recognised formal qualifications and training courses .

Delegated Regulation (EU) 2019/907 establishing a Common Training Test for ski instructors (CTT) created in 2019 an additional and voluntary scheme of automatic recognition for ski instructors across the EU. Ski instructors not covered by the CTT still benefit from the general system for mutual recognition of qualifications set out in the directive.

COVID-19 pandemic

Following the outbreak of the COVID-19 pandemic and introducing measures to cope with the impact of the crisis, the Commission adopted a communication containing guidelines on EU emergency assistance on cross-border cooperation in healthcare related to the COVID-19 crisis.

FROM WHEN DOES THE DIRECTIVE APPLY?

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Directive 2005/36/EC has applied since 20 October 2005 and had to become law in the EU countries by 20 October 2007.
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The amendments introduced by Directive 2013/55/EU have applied since 17 January 2014, and had to become law in the EU countries by 18 January 2016.

BACKGROUND

As the population of working age falls in many EU countries, demand for highly qualified people is likely to increase , so their qualifications should be recognised throughout the EU in a fast, simple and reliable way.

For more information, see:

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Automatic recognition (European Commission)
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Recognition of professional qualifications in practice (European Commission)
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Regulated professions database (European Commission).

MAIN DOCUMENT

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, pp. 22-142)

Successive amendments to Directive 2005/36/EC have been incorporated into the original text. This consolidated version is of documentary value only.

2. Wettekst

Richtlijn 2005/36/EG van het Europees Parlement en de Raad van 7 september 2005 betreffende de erkenning van beroepskwalificaties (Voor de EER relevante tekst)