Unit D/3 – Regulated professions

1. Directive 2005/36/EC of the EP and the Council of 7 September 2005 on the recognition of professional qualifications(OJEU L 255 of 30 September 2005) Unit D/3 – Regulated professions

2. Directive 2005/36/EC OBJECTIVES • Consolidation of 15 existing Directives • Sectoral Directives (doctors, nurses, dentists, veterinary surgeons, midwives, pharmacists, architects) • General System (non harmonised professions, crafts activities) • Modernisation of the system • Regime for the temporary provision of services • Professional platforms • Administrative co-operation

3. Structure Title I General provisions Title II Free provision of services Title III Freedom of establishment Title IV Pursuit of the profession Title V Administrative Cooperation Title VI Other provisions Purpose Principle Chapter IGeneral system(including Platforms) Language skills Competent authorities Reports Scope Exemptions Academic titles Contact points Derogation clause Definitions Declaration Chapter II Professional experience Health insurancefunds Committee Repeal Effects of recognition Administrative cooperation Consultation Transposition Chapter IIICoordinated trainingconditions Entry into force Information to service recipient Addressees Chapter IVCommon provisionson establishment Formalities Procedure Professional titles Provisions common to provision of services and establishment Provisions specific to provision of services or establishment

4. Directive 2005/36/EC Provision of services • Applicable provisions • Articles 5 - 9 • Articles 53 - 55 • Specific regime for temporary provision of services • Distinction between provision of services and establishment • No restrictions for reasons related to professional qualifications • Distinction between access to and exercise of a professional activity

5. Directive 2005/36/EC Provision of services - Access • Substantial conditions • Legal establishment in a Member State • Professional experience (if profession not regulated in the Member State of establishment) • Professions heaving public health or safety implications : prior check of professional qualifications within the limit of the principle of proportionality

6. Directive 2005/36/EC Provision of services - Access • Formal conditions • Prior declaration to the competent authorities of the host Member State to be renewed once a year • First declaration to be accompanied by a limited set of documents • Pro forma registration ensured by competent authorities of the host MS on the basis of the declaration • Simple information of a public social security body • Information of the service recipient

7. Provision of services - Exercise • Application of professional and disciplinary rules –linked to professional qualifications- of the host MS • Use of titles • Principle: professional title of the Member State of establishment – academic title of the home member State • Derogation: professional title of the host Member State

8. Establishment - The General System • Professions not covered by a specific regime • Subsidiary application of the General System • Crafts activities when not fulfilling the minimum periods of professional experience required • Sectoral professions in specific cases, for example • Diplomas of architect not automatically recognised • Sectoral professions if third country diplomas (second recognition)

9. Establishment - The General System • 5 levels of qualification • Based on objective and measurable criteria (nature and duration of the training) • Instrumental classification with a view to facilitate recognition • Principle of mutual recognition • Recognition of training at the same or one prior level

10. Establishment - The General System • Possibility for the host MS to impose compensatory measures: • If substantial difference between the training of the migrant and the one required in the host MS • Probationary period or aptitude test • Professional experience taken into account • Migrant’s choice of the type of compensatory measure, in principle

11. Establishment - The General SystemCommon platforms Stage 1: Inventory of national regulations • In which Member States is the profession regulated with regard to qualifications? • What level of qualification is required/provided in the various Member States? • What are the areas of activities of the profession and the content of the training in the various Member States?

12. Result of the inventory Establishment - The General SystemCommon platforms Level of training Area of activities/training content

13. Stage 2: Establishing the platform Establishment - The General SystemCommon platforms • Training of an overall minimum duration of 6 years • Minimum diploma Bac +3 • Minimum 1 year of professional experience • Flexibility over the two remaining years (academic training, work experience, traineeships, etc.) Level of training

14. Establishment - The General SystemCommon platforms Stage 2: Establishing the platform • Preparation for activities a, b and c • Activity a at least 30 % • Activity b at least 50 % • Activity c at least 10 % • Flexibility as to the remaining 10 % (a, b or c) Training content

15. Establishment - The General SystemCommon platforms Stage 3: Adopting the platform • Presenting the platform to the European Commission • Consulting the Member States – Discussing the platform within the Group of Experts • Submitting a set of draft measures to the “Article 58 Committee” • Adoption of a Commission decision • Following-up the Commission decision

16. Establishment - Formalities • Documents (limited list) • Procedure for the recognition (acknowledgement of receipt) • Use of professional titles

17. Pursuit of the profession- common rules for establishment and service provision • Language skills • Use of academic titles

18. Implementation • Competent authorities • Administrative co-operation, exchange of information • Contact points • Committee on the recognition of professional qualifications • Consultation with professional associations