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

2. 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)

3. 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

4. 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

5. 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)

6. 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

7. 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

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

9. 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))

10. 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

11. 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

12. 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

13. 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

14. 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)

15. 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)

16. For further information contact: