EUROPEAN COMMISSION Brussels, 7.5.2018 COM(2018) 263 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market information System ('the IMI Regulation')



REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market information System ('the IMI Regulation') 1. INTRODUCTION Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications consolidated the mutual recognition regime which was based on 15 Directives. In its Communication of 27 October 2011, the Commission identified the need to modernise Union law in this area. This resulted in the adoption of Directive 2013/55/EU on 20 November 2013. For the purpose of achieving its objectives, Directive 2013/55/EU amending Directive 2005/36/EC confers on the Commission the power to adopt delegated acts in a number of matters listed in Article 57c(2) of Directive 2005/36/EC ("the Directive") and subject to the conditions laid down in this Article, in accordance with Article 290 TFEU. 2. LEGAL BASIS Article 57c(2) of Directive 2005/36/EC as amended by Directive 2013/55/EU confers the power on the Commission to adopt delegated acts concerning the matters listed therein for a period of five years from 17 January 2014. Furthermore, it puts the Commission under the obligation to prepare a report in respect of the delegation of power at the latest nine months before the end of the five-year period. The delegated powers shall be tacitly extended for five-year periods, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Article 57c of Directive 2005/36/EC as amended by Directive 2013/55/EU. It may be revoked at any time by the European Parliament or by the Council. Article 57c(2) of Directive 2005/36/EC as amended by Directive 2013/55/EU empowers the Commission to adopt delegated acts concerning, in particular, the following matters: a)updating of titles for evidence of formal qualifications and, where appropriate, the body which issues said evidence, the certificate which accompanies it and the corresponding professional title which are referred to in points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V; b)updating of minimum training requirements established under the Directive for six professions; c)Establishing common training frameworks or common training tests. As soon as the Commission adopts a delegated act, it shall notify it simultaneously to the European Parliament and to the Council (Article 57c (4) of Directive 2005/36/EC as amended by Directive 2013/55/EU).