1 professional qualifications presentation of main components of commission proposal imco 9 january...
TRANSCRIPT
![Page 1: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/1.jpg)
1
Professional qualifications
Presentation of main components of Commission proposal
IMCO 9 January 2012
Priority under Single Market Act
![Page 2: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/2.jpg)
2
Background
• 19 Dec: proposal amending current Directive– Impact Assessment– Green Paper June 2011; first consultation January 2011;
evaluation 2010
• 16 Nov: Resolution European Parliament
• 23 Oct: Conclusions European Council
• End 2012: objective political agreement
![Page 3: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/3.jpg)
3
1. A proposal affecting all professions
![Page 4: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/4.jpg)
4
European Professional Card (EPC)• Voluntary for professions, mandatory for Member States• Need for implementing acts• How? Electronic certificate created in home MS and
transmitted via Internal Market Information System (IMI) • What does it do in case of permanent establishment?
– Reduce time for recognition by 50% – Validation by host Member State remains but challenge of tacit
authorisation
• What does it do in case of temporary mobility?:– EPC replaces declaration for two years (currently, annual
declaration)– Valid at the same time in all MS requested for
![Page 5: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/5.jpg)
5
European Professional Card (EPC)• Data protection safeguards included
• Costs : Funding by the European Union in 2013/2014
– Development within IMI: 124000 EUR– Development online application tool (public interface): 380000 EUR– No costs for current or future EU budgets– Fees in MS charged only on real cost basis
• Incentives for home Member States? – Profession not regulated in home MS: use existing assistance
centres (previously called contact points under current Directive)– Review existing workload for home MS
![Page 6: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/6.jpg)
6
Partial access• Principle developed by the Court• Principle applies as a last resort • Principle applies in case where the activity in question
can be carried out in home MS (no artificial activities!) • Principle to be decided in individual Member States on a
case-by-case basis• MS may reject partial access in case of overriding public
interests, such as public health
Practical tool also contributing to the debate on the “number of regulated professions”
![Page 7: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/7.jpg)
7
Partially qualified professionals
• Current Directive: fully qualified professionals
• Proposal: extension to partially qualified professionals
• What about the possibility to carry out a remunerated traineeship in another Member State?
• Court: Internal Market freedoms apply!
Home MS should accept such traineeship abroadHost MS should offer safeguards of the Directive
procedure
![Page 8: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/8.jpg)
8
Control of language skills
• Host Member State can check in case of a serious doubt
• Special regime for health care professionals:– if the national health care system or representative patient
organisations so request (primary responsibility for an employer!)
– In case of such a request, clause of “serious doubt” does not apply
• Safeguards for the professional– Check only after a recognition of a qualification – Only one official language in host MS– Free of charge and subject to appeals
![Page 9: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/9.jpg)
9
Alert mechanism
• Extend mechanism from the Services Directive to other professions (employees, such as teachers)
• Create a specific mechanism for health professionals: – Health professionals who benefit from automatic recognition– Including Veterinary surgeons– Alert necessary towards all Member States – Alert limited to identity a professional no longer allowed to
practice– Specific safeguards for data protection
![Page 10: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/10.jpg)
10
• Launch a “national housekeeping exercise”
• Transparency: each MS lists and justifies each regulated profession
• Mutual evaluation of regulated professions between MS
• Commission reports to EP and Council
• Link with policy on partial access
Better understanding and opportunity for reviewing national regulatory frameworks
Costs for each MS in total: from €4000 to €122000
Mutual evaluation exercise
![Page 11: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/11.jpg)
11
Number of regulated professions
About 800 in the EU (and not 4700!!)
![Page 12: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/12.jpg)
12
Access to information/e-governance
• Access to information:
– “I’d like to find information online”: Points of Single Contact (PSC) – “I’d like to discuss my case” – Assistance centres (former national
contact points under the Directive)
• Possibility to complete online recognition procedures
28% of our citizens consider working abroad!
Costs for the extension of PSC: ~ 100-300 working days per MS in total
![Page 13: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/13.jpg)
13
2. A proposal affecting professions which do not
benefit from automatic recognition
![Page 14: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/14.jpg)
14
Reform of existing rules of the general system
• Establishment: Make the system easier but no deletion of the educational levels in Article 11
• Temporary mobility: Lighter regime for professionals accompanying consumers (declaration still necessary but no need for two years of professional experience)
• Temporary mobility: Clarify rules on prior check of qualifications for professions with health and safety risks
![Page 15: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/15.jpg)
15
Automatic recognition for new professions in the future?
Common training frameworks
Harmonisation of training on the basis of a common set of knowledge, skills
and competences
Common training tests
No harmonisation of training but common aptitude test for access to
the profession
2 modelsQualifications automatically recognised
• Radical approach: Drop concept of common platforms • Two new avenues offered:
![Page 16: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/16.jpg)
16
Notaries
• Extension of Directive to notaries
• Court banned discrimination based on nationality (May
2011). How to apply the Directive in practice?
• Establishment: MS decide on the need for a test or a stage. Already applied in some Member States
• Temporary provision of services: in principle yes however no authentic deeds by foreign notaries
![Page 17: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/17.jpg)
17
3. A proposal affecting professions which benefit from
automatic recognition
![Page 18: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/18.jpg)
18
Professions concerned
• Automatic recognition today: – Doctors, dentists, nurses, midwives, pharmacists,
veterinary surgeons, architects– Craft/trade and industry sector
![Page 19: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/19.jpg)
19
Doctors and dentists• Doctors: Clarification of the duration of basic medical
education = 5500 hours within a minimum of 5 years • Doctors: Possibility of partial exemptions for specialist
doctors willing to follow a second specialist training• Doctors and dentists: use of ECTS (European Credit
Transfer and Accumulation System) to express training years
• Doctors and dentists: specialities may be introduced via delegated acts if in 1/3 of MS (instead of 2/5)
• Doctors and dentists: competences may be defined via delegated acts
![Page 20: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/20.jpg)
20
Nurses and midwives• Upgrade admission requirements to nurses from 10 to
12 years of general education (or equivalent level!)– General care nurses (not geriatric nurses or other nurses)– Acquired rights regime– Already reality in 24 Member States (25th MS about to follow)
• Same upgrade for midwives– Acquired rights regime – Deletion of additional obstacles related to professional
experience to benefit from automatic recognition
• Competences may be defined via delegated acts for each of the two professions
![Page 21: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/21.jpg)
21
Pharmacists
• Six months stage after academic studies
• Extension of list of activities for pharmacists
• Allow not longer MS to ban well-qualified pharmacists from opening up new pharmacies
– 25 Member States do not longer use this derogation
– Such discrimination no longer allowed by recent Court judgments on pharmacists (judgments in 2010)
![Page 22: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/22.jpg)
22
Architects
• Increase of minimum training duration from 4 to 6 years• How? Combination of academic training and supervised
remunerated practice in each Member State• How? “4+2” or “5+1” formula for each Member State
– Option 1: Four years of academic training and two years of professional experience
– Option 2: Five years of academic training and one year of professional experience
• Use of ECTS and competences envisaged as well In future, bachelor diploma (4 years of academic
training) no longer sufficient to benefit from automatic recognition
![Page 23: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/23.jpg)
23
Craft / trade industry
• No major change
• Need to review list of activities in Annex IV by a delegated act
![Page 24: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/24.jpg)
24
3. Institutional questions
![Page 25: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/25.jpg)
25
Implementing and delegated acts
• Replacing existing comitology powers by delegated acts (2014 target date under Treaty of Lisbon)
• New: Implementing and delegated acts in case of professional card
• Adoption of implementing acts: support by a Committee
• Adoption of delegated acts: prior involvement of experts
![Page 26: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/26.jpg)
26
Budget
• Legislative financial statement
• In total: 725.000 EUR = Development costs in 2013 and 2014 for– European Professional Card– Alert mechanism in IMI– Other functions within IMI linked to the Directive
![Page 27: 1 Professional qualifications Presentation of main components of Commission proposal IMCO 9 January 2012 Priority under Single Market Act](https://reader035.vdocuments.site/reader035/viewer/2022062619/55152e8b550346c77d8b57b0/html5/thumbnails/27.jpg)
27
Conclusions
• Documents available under:
http://ec.europa.eu/internal_market/qualifications/policy_developments/index_en.htm