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Directive 2005/36/EC Directive 2005/36/EC of the EP and the Council of 7 September 2005 on the recognition of professional qualifications (OJEU L 255 of.

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Presentation on theme: "Directive 2005/36/EC Directive 2005/36/EC of the EP and the Council of 7 September 2005 on the recognition of professional qualifications (OJEU L 255 of."— Presentation transcript:

1 Directive 2005/36/EC 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 Directive 2005/36/EC

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 Scope Definitions Effects of recognition Exemptions Academic titles Health insurance funds Competent authorities Contact points Committee Consultation Reports Derogation clause Declaration Administrative cooperation Information to service recipient Repeal Transposition Chapter I General system (including Platforms) Entry into force Addressees Chapter II Professional experience Chapter III Coordinated training conditions Chapter IV Common provisions on establishment Language skills FormalitiesProcedureProfessional titles Provisions common to provision of services and establishment Provisions specific to provision of services or establishment Principle

4 Directive 2005/36/EC Provision of services Applicable provisions –Articles –Articles 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 Directive 2005/36/EC

5 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 Directive 2005/36/EC

6 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 Directive 2005/36/EC

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 Directive 2005/36/EC 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 Directive 2005/36/EC 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 Directive 2005/36/EC 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 Directive 2005/36/EC Common platforms Establishment - The General System Common 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 Directive 2005/36/EC Result of the inventory Level of trainingArea of activities/training content Common platforms Establishment - The General System Common platforms

13 Directive 2005/36/EC Stage 2: Establishing the platform 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 Common platforms Establishment - The General System Common platforms

14 Directive 2005/36/EC Common platforms Establishment - The General System Common platforms 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 Stage 2: Establishing the platform

15 Directive 2005/36/EC Common platforms Establishment - The General System Common 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 Directive 2005/36/EC Establishment - Formalities Documents (limited list) Procedure for the recognition (acknowledgement of receipt) Use of professional titles

17 Directive 2005/36/EC Pursuit of the profession- common rules for establishment and service provision Language skills Use of academic titles

18 Directive 2005/36/EC Implementation Competent authorities Administrative co-operation, exchange of information Contact points Committee on the recognition of professional qualifications Consultation with professional associations


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