The revised Professional Qualifications Directive ) The revised Professional Qualifications Directive Martin Frohn, Head of Unit (DG GROW E5) HPCB meeting 28 October 2016, London

Key figures 21% of the EU working population need some kind of professional qualification to be able to do their job. That's 51 million people overall. Close to 6000 national regulated professions in Europe (big percentage of health & social)

Modernised Professional Qualifications Directive Directive 2005/36/EC was amended by Directive 2013/55/EU Deadline for transposition: 18 January 2016 Core issue of the modernisation  Facilitate safe mobility

Main issues concerning the safe mobility of health professionals European Professional Card (EPC) – streamlined electronic recognition procedure Alert mechanism – gives greater protection Enhanced cooperation between authorities – building trust Language requirements – further clarifications Partial access – codifying case law Updating minimum training requirements - possible future delegated acts

European Professional Card (EPC) Streamlined, electronic recognition procedure (via the Internal Market Information System): Shortened deadlines, less administrative burden Based on enhanced cooperation between competent authorities Strengthens mutual trust between Member States Electronic certificate (not a plastic card)

EPC - Main Features For two different purposes: Establishment Temporary and occasional service provision Streamlined electronic procedure Effects of deadlines concept of tacit recognition New communication channels

Implementation of the EPC Focus on the most mobile professions First Implementing Act: COM Regulation 2015/983 of 24 June 2015 Professions covered Nurses (responsible for general care) Pharmacists Physiotherapists Mountain guides Real estate agents

professions New Professions? Legal conditions Consultations Assessment of the system No set date for an extension

Competent authorities – shared responsibilities, competences Home MS: Completeness check (Repository) Validity and authenticity check of documents Issue EPC for T&O service provision ("non-Article 7(4) cases"): Host MS: Substantial assessment of the EPC request Issue EPC (establishment, Article 7(4))

Experience of the first half year Widespread communication campaign (conference, video, press releases, social media) Much interest by professionals Engagement of national competent authorities and professional organisations More than 1500 EPC applications, more than 500 issued EPCs IMI developments to further improve the system

Alert mechanism – protect patients and consumers A warning to all Member States, quickly, through the IMI-system On professionals: exercising a health-, or child-related profession Restriction or prohibition, fake diplomas Strong data protection safeguards Launched in January 2016

Bilateral cooperation Article 50(3b), 56 Compulsory use of IMI between competent authorities concerning: Issues on documentation and formalities (Article 50); Disciplinary sanctions, criminal sanctions or any other circumstances which are likely to have consequences on the pursuit of the profession (bilateral basis); and General cooperation and mutual assistance

Language knowledge (Art. 53) 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 2nd language; role of the employers Check only after a recognition of a qualification Proportionality and possibility of appeal

Partial access Principle developed by the ECJ (case law) To be applied on a case-by-case basis, conditions: The professional is fully qualified in the home MS; As compensation measure = full programme of education and training; Activities can be objectively 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 professionals benefiting from automatic recognition (gives full access)

Sectoral health professions Changes to the minimum training conditions for Doctors, Nurses, Dentists, Midwives and Pharmacists Further delegated powers: knowledge & skills, training programs in Annex V, length of specialties, new specialties Acknowledging the importance of Continuous Professional Development (notifications, GoC to exchange information)

For further information contact: Grow-e5@ec.europa.eu