Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on the recognition of professional qualifications amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2005-06-01
Institutions: European Commission
Subjects: approximation of laws, free movement of workers, professional qualifications, recognition of diplomas, right of establishment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.6.2005 
COM(2005) 248 final 

2002/0061 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS 

(Text with EEA-relevance) 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  34  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

Proposal transmitted to the European Parliament and the Council 
(document COM(2002)119 final – 2002/0061(COD) on: 

7 March 2002. 

European Economic and Social Committee opinion delivered on: 

18 September 2002. 

Parliament opinion (first reading) delivered on: 

11 February 2004. 

Amended proposal transmitted on: 

Common position adopted on: 

20 April 2004. 

21 December 2004. 

Date of opinion of European Parliament at second reading:  

11 May 2005.  

3. 

PURPOSE OF THE PROPOSAL 

This proposal for a Directive aims to:  

•  Consolidate  fifteen  existing  Directives  in  the  field  of  the  recognition  of  professional 

qualifications.  

•  Contribute  to  the  flexibility  of  labour  markets,  particularly  by  facilitating  the  temporary 

and occasional provision of services.  

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•  Simplify the existing rules regarding the recognition of professional qualifications and the 

management of the recognition system.  

•  Improve the information and advice for citizens.  

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

At  second  reading,  Parliament  adopted  34  amendments  to  the  Council's  Common  Position. 
They improve certain aspects of the text without affecting the substance or the principles of 
the Common Position and the Commission’s proposal. Following inter-institutional contacts, 
an  overall  agreement  on  the  final  text  has  been  possible  and,  therefore,  the  Commission 
accepts all these 34 amendments. 

These amendments are as follows:  

•  Amendment 2 

This  amendment  recalls  that  the  host  Member  State  may  apply  its  professional  rules,  for 
reasons of general interest, in the framework of the General System. 

•  Amendments 5, 27, 28, 29, 54 and 55 

These amendments maintain automatic recognition for medical specialities common to two or 
more Member States, as existing under current legislation, and limit the introduction of new 
medical specialities benefiting from automatic recognition to those common to at least 2/5 of 
Member States.  

•  Amendments 7, 52 and 53 

These  amendments  refer  to  the  involvement  of  representatives  of  the  professional 
organisations  in  the  management  of  the  recognition  systems,  in  particular  through  their 
consultation  in  the  context  of  the  work  of  the  committee  set  up  by  the  Directive,  on  which 
reasoned reports are made by the Commission to the Committee. Moreover, the composition 
of the committee is clarified.  

•  Amendment 10 and 39 

These  amendments  introduce  a  definition  of  “liberal  professions”  and  indicate  that  the 
Directive also applies to them. 

•  Amendment 12 

This  amendment  introduces  a  definition  of  “competent  authority”  which  covers  public 
authorities  and  also  organisations  acting  on  the  basis  of  delegated  powers  (i.e.  professional 
orders). 

•  Amendment 13 

This  amendment  clarifies  that  Title  II  of  the  Directive  shall  "only”  apply  to  the  temporary 
provision of services. 

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•  Amendment 26  

This amendment clarifies that professional associations "or organisations" are entitled to put 
forward common platforms. 

•  Amendment 31 

This amendment clarifies, in the English version of the Directive, that migrants “shall” have 
the necessary language knowledge for the exercise of the profession. 

•  Amendment 33 

This amendment clarifies, in a Recital, that the Directive cannot be invoked for the purpose of 
“qualification  shopping”  (i.e.  recognition  by  the  home  Member  State  of  a  mere  recognition 
decision granted by another Member State). 

•  Amendments 34, 35, 43, 44, 45, 46, 47, 48, 50 and 51 

These  amendments  formally  introduce  five  levels  of  qualification  for  the  operation  of  the 
General  System,  without  modifying  the  substantive  rights  of  migrants  in  comparison  to  the 
existing  legislation,  the  Commission’s  original  proposal  or  the  Council  Common  Position. 
They also add some adjustments concerning the definition of such levels.  

•  Amendment 36 

This  amendment  refers,  in  a  Recital,  to  the  assessment  by  the  Commission  of  the 
appropriateness  to  introduce  further  coordinated  training  requirements  for  additional 
professions, in particular on the basis of reasoned requests by professional organisations.  

•  Amendment 37 

This  amendment  refers,  in  a  Recital,  to  the  possibility  for  professional  associations  to 
introduce, at European level, professional cards which may in particular contain information 
on the professional's qualifications and his legal establishment. 

•  Amendment 38 

This amendment makes a general reference to Articles 39§4 and 45 of the EC Treaty, with a 
particular mention of notaries.  

•  Amendments 40, 41 and 42 

These amendments adjust the regime for the temporary provision of services respectively (1) 
by specifying the professional rules to be applied by the host Member State, (2) by clarifying 
that  the  attestation  on  legal  establishment  should  also  mention  that  the  professional  is  not 
subject to any prohibition from practice and (3) by adding the possibility for the host Member 
State to require evidence of no criminal conviction for professions in the security sector.  

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•  Amendment 49 

This  amendment  clarifies  that  the  qualification  held  by  a  professional  benefiting  from 
acquired  rights  in  his  home  Member  State  -following  the  upgrading  of  the  national 
qualification  standards-  must  be  assimilated  to  the  new  qualification  for  the  purposes  of 
recognition. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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