Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System
Date: 2011-12-19
Institutions: European Commission
Subjects: freedom to provide services, health care profession, recognition of vocational training qualifications, right of establishment, town-planning profession

EUROPEAN COMMISSION 

Brussels, 19.12.2011  
COM(2011) 883 final 

2011/0435 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2005/36/EC on the recognition of professional qualifications and 
Regulation on administrative cooperation through the Internal Market Information 
System 

(Text with EEA relevance) 

{SEC(2011) 1558 final} 
{SEC(2011) 1559 final} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT AND AIM OF THE PROPOSAL 

1.1. 

General context 

Mobility of qualified professionals is low in the European Union. However, there seems to be 
a major unexploited potential for mobility: according to a 2010 Eurobarometer survey1, 28% 
of EU citizens are considering work abroad. Recognition of professional qualifications is key 
to making the fundamental Internal Market freedoms work effectively for EU citizens. At the 
same time, mobility should not come at the expense of consumers, and notably patients who 
expect adequate language skills from health professionals. In addition, the potential of a more 
integrated services market remains unexploited in the area of professional services; whilst the 
Services Directive2 from 2006 offered new opportunities, the main focus of the Professional 
Qualifications Directive from 20053 was consolidation of 15 existing Directives into a single 
instrument.  

Modernising  the  Directive  would  also  respond  to  the  needs  of  Member  States  facing 
increasing shortages of skilled workforce. Mobility of EU citizens within the single market is 
an important issue in this regard. Shortages of workforce will not only persist in the future but 
are projected to increase in particular in the health sector, in the education sector, and also in 
growth sectors, such as construction or business services.  

In  its  strategy  for  smart,  sustainable  and  inclusive  growth  (Europe  2020),  the  Commission 
already highlighted the need to promote intra-EU mobility. The New Skills and Jobs Agenda4
warned  that  mismatches  in  the  EU  labour  market  persist  and  that  the  potential  of  labour 
mobility is not sufficiently exploited. The Citizenship Report5 from 2010 also emphasized the 
need for modernisation in this area in the interest of EU citizens.  

In  its  Annual  Growth  Survey  for  2011  and  20126  and  in  the  Single  Market  Act7,  the 
Commission identified recognition of professional qualifications as a major issue. The Single 
Market Act underlined the need for the modernisation of the existing framework, as part of 
the twelve levers aiming to boost growth and strengthen confidence amongst citizens. On 23 
October  2011,  the  European  Council8  invited  the  Institutions  to  undertake  their  utmost  to 
reach  a  political  agreement  on  these  12  initiatives  in  the  Single  Market  Act,  including  on  a 

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7 

8 

Eurobarometer n° 363 
Directive  2006/123/EC  of  the  European  Parliament  and  of  the  Council  of  12  December  2006  on 
services in the internal market (OJ L 376, 27.12.2006, p. 36) 
Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council  of  7  September  2005  on  the 
recognition of professional qualifications (OJ L 255, 30.9.2005, p.22) 
"New Skills for New Jobs. Anticipating and matching labour market and skills needs", Communication 
from the Commission, COM(2008)868, 16.12.2008 
EU  Citizenship  Report  2010  "Dismantling  the  obstacles  to  EU  citizens'  rights",  COM(2010)603, 
27.10.2010 
"Annual  Growth  Survey:  advancing  the  EU's  comprehensive  response  to  the  crisis",  Communication 
from the Commission, COM(2011)11, 12.1.2010 
Communication  from  the  Commission,  Single  Market  Act,  Twelve  levers  to  boost  growth  and 
strengthen confidence, “Working together to create new growth”, COM(2011)206, SEC(2011)467 
EUCO 52/11 

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Commission proposal for modernising this Directive. The European Parliament also called for 
urgent action in its Report from 15 November 20119.  

1.2. 

Aim of the proposal 

The  Commission  is  not  proposing  a  new  Directive  but  well  targeted  modernisation  of  the 
existing provisions driven by the following objectives:  

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• 

• 

• 

• 

• 

• 

Reducing the complexity of procedures through a European Professional Card which 
would  further  exploit  the  benefits  of  the  already  successful  Internal  Market 
Information System (IMI) (see section 4.1); 

Reforming the general rules for establishing in another Member State or moving on a 
temporary basis (see sections 4.2., 4.3 and 4.4.); 

Modernising  system  of  automatic  recognition,  notably  for  nurses,  midwives, 
pharmacists and architects (see sections 4.5, 4.6 and 4.7);  

Offering a legal framework in the Directive for partially qualified professionals and 
for notaries (see section 4.8); 

Clarifying safeguards for patients whose concerns over  language  skills and risks of 
malpractice should be better reflected in the legal framework (see section 4.9.); 

Creating  the  legal  requirement  for  provision  of  user-friendly  and  content-driven 
information on the rules governing the recognition of qualifications underpinned by 
comprehensive e-government facilities for the whole recognition process (see section 
4.10); 

Launching  a  systematic  screening  and  mutual  evaluation  exercise  for  all  regulated 
professions in the Member States (see section 4.11). 

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENT 

The  initiative  is  the  result  of  an  ex-post  evaluation  of  the  Directive  and  of  extensive 
consultations  with  all  major  stakeholders,  including  competent  authorities,  professional 
organisations, academic bodies and citizens.  

2.1. 

Evaluation 

The  ex-post  evaluation  was  conducted  between  March  2010  and  May  2011.  The  European 
Commission reached out to competent authorities and national coordinators for the Directive 
and received around 200 experience reports, published on the Commissions website10.  

In  addition,  a  study11  was  commissioned  from  GHK  Consulting  focusing  on  the  impacts  of 
recent educational reforms on the recognition of professional qualifications. 

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A7-0373/2011 
See http://ec.europa.eu/internal_market/qualifications/policy_developments/evaluation_en.htm 

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2.2. 

Public consultations 

On  7  January  2010,  the  Commission  launched  a  public  consultation  on  the  Directive.  The 
Commission services received 370 contributions12.  

On 22 June 2010, the Commission adopted a Green Paper13 on "Modernising the Professional 
Qualifications Directive". About 420 contributions were received. The Commission also held 
two public conferences on the revision of the Directive.  

2.3. 

Outcome of the consultations 

All stakeholders recognised a need to ensure better access to information on the recognition of 
qualifications.  Most  citizens  and  professional  organisations  supported  the  simplification  of 
recognition  procedures  whilst  representatives  of  the  health  sector  also  stressed  the  need  to 
safeguard  the  quality  of  services.  A  large  majority  of  stakeholders  within  all  the  categories 
expressed  positive  views  on  the  idea  of  a  European  professional  card.  Many  professional 
organisations  expressed  support  for  the  revision  of  the  concept  of  common  platforms.  The 
majority  of  competent  authorities  and  professional  organisations  representing  professions 
benefitting from automatic recognition agreed on the need to modernise the system.  

2.4. 

Steering Group on the European Professional Card 

In January 2011, the European Commission set up a steering group with external experts to 
discuss the need for and the feasibility of a European Professional Card. The Group brought 
together  representatives  of  various  professional  associations  and  competent  authorities  and 
completed a number of case studies14 presented at the Single Market Forum held in Krakow, 
Poland on 3 and 4 October. In their declaration, the Forum's participants welcomed the idea of 
a European Professional Card.  

2.5. 

Impact Assessment 

The Commission conducted an impact assessment on various policy alternatives.  

This  analysis  identified  eight  groups  of  problems,  deriving  mainly  from  the  outcome  of  the 
evaluation  and  from  the  reactions  to  the  Green  Paper.  These  groups  of  problems  cover:  the 
access to information on recognition procedures, the efficiency of recognition procedures, the 
functioning of the automatic recognition system, the conditions applying to establishment and 
those  applying  to  temporary  mobility  and  the  scope  of  the  Directive.  Since  public  health 
emerged  as  a  particular  issue  during  the  evaluation,  the  protection  of  patients  has  also  been 
mentioned in the problem definition. The last problem relates to the lack of transparency and 
justification of qualifications requirements in regulated professions.  

The analysis identified three general objectives: facilitating the mobility of professionals and 
the intra-EU trade in services, addressing the challenge of filling high-skill jobs and offering 

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on 

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study, 

published 

available 
The 
http://ec.europa.eu/internal_market/qualifications/docs/policy_developments/final_report_en.pdf 
See http://ec.europa.eu/internal_market/consultations/2011/professional_qualifications_en.htm 
COM(2011)367 final 
See 
http://ec.europa.eu/internal_market/qualifications/policy_developments/european_professional_card_en
.htm 

October 

2011, 

is 

at: 

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more  possibilities  for  job  seekers.  These  objectives  were  declined  in  specific  objectives, 
taking account of the context and problems identified.  

A wide range of options were examined for each group of problems and assessed against the 
following criteria: effectiveness, efficiency, consistency and impacts on stakeholders (benefits 
and costs on mobile professionals, Member States, consumers and patients, employers).  

With  respect  to  access  to  information,  the  impact  assessment  explored  different  options  to 
facilitate the identification of competent authorities and document requirements and to foster 
the use of electronic procedures. Extending the scope of the Points of Single Contact (set up 
under  the  Services  Directive)  was  considered  the  preferred  option.  By  further  developing 
existing structures, this option should not lead to significant cost increases.  

In  relation  to  the  efficiency  of  recognition  procedures,  various  options  were  considered  to 
reduce  the  length  of  procedures  and  to  ensure  a  better  use  of  compensation  measures.  The 
creation  of  a  European  professional  card,  based  on  a  stronger  involvement  of  the  home 
Member  State,  was  the  preferred  option,  since  it  creates  favourable  conditions  to  accelerate 
the  recognition  procedure.  This  option  could  incur  some  administrative  costs  for  certain 
Member States but would allow professionals to benefit from quicker recognition procedures. 
In  addition,  a  set  of  measures  was  identified  to  improve  the  use  and  organisation  of 
compensation measures. Finally, the analysis considered necessary to overhaul the concept of 
"common platforms" to further facilitate recognition for certain professions.  

Concerning the automatic recognition system, different options were examined to streamline 
the procedure for notifying and examining new diplomas. The set up of a national compliance 
function appeared to be the most effective and efficient option. Different sets of options were 
examined to adjust the minimum training requirements for sectoral professions - in particular 
for doctors, nurses, midwives, pharmacists and architects -and to modernise the classification 
of  economic  activities  in  Annex  IV  of  the  Directive.  These  options  are  presented  in  the 
executive summary of the impact assessment. 

A  wide  range  of  options  were  examined  to  simplify  the  conditions  applying  to  permanent 
establishment.  In  particular,  the  impact  assessment  concluded  that  the  qualifications  levels 
defined in Article 11 should be maintained as a reference point to compare qualifications but 
should  no  longer  be  used  to  assess  the  eligibility  of  an  application.  The  introduction  of  the 
principle  of  partial  access  in  the  Directive  was  identified  as  another  solution  which  could 
reduce the obstacles to mobility. The specific requirements applying to professionals coming 
from  non-regulating  Member  States  were  considered  unnecessary  under  the  establishment 
regime. 

In relation to temporary mobility, the impact assessment analysed different options likely to 
facilitate  this  kind  of  mobility  and  to  improve  legal  certainty  for  professionals.  One  of  the 
selected options consists in simplifying the requirements imposed on professionals from non-
regulating  Member  States  accompanying  consumers.  In  addition,  the  impact  assessment 
concluded that each Member State should produce a list of professions with health and safety 
implications (for which a prior check of qualifications is required). 

The impact assessment explored different policy options to clarify and extend the scope of the 
Directive to new categories of professionals. The impact assessment concluded in favour of 
extending  the  scope  of  the  Directive,  under  specific  conditions,  to  non-fully  qualified 
professionals  and  notaries.  For  third  country  qualifications,  maintaining  the  status  quo  was 

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identified as the preferred option. However, the treatment provided under the Directive to the 
Union citizens should be extended by the Member States to other third country nationals, in 
so far as required by international agreements on professional services. 

With  respect  to  the  protection  of  patients,  different  options  were  assessed  to  give  more 
guarantees on the status of professionals and on their language skills. The preferred options in 
this  area  include  the  introduction  of  an  alert  mechanism  combined  with  increased 
transparency  between  Member  States  on  continuous  professional  development  and  the 
clarification of the rules applying to the control of language skills. 

Various  options  were  considered  to  improve  the  transparency  and  justification  of  regulated 
professions.  The  preferred  option  identified  in  the  impact  assessment  consists  in  a  mutual 
evaluation exercise on the national legislations regulating the access to certain professions.  

The synergies between the different preferred options were considered to ensure the internal 
coherence of the initiative.  

The draft impact assessment was scrutinised by the Impact Assessment Board (IAB) and its 
recommendations for improvement were integrated into the final report. The IAB opinion is 
published  alongside  this  proposal,  as  are  the  final  Impact  Assessment  and  its  executive 
summary.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal basis 

This proposal is based on Articles 46, 53(1), Article 62 and 114 of the TFEU.  

3.2. 

Subsidiarity and proportionality 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the EU. 

The aim of the Directive could not be sufficiently achieved through action by Member States 
which  would  inevitably  result  in  divergent  requirements  and  procedural  regimes  increasing 
regulatory  complexity  and  causing  unwarranted  obstacles  to  mobility  of  professionals. 
Moreover, changes to the current legal regime imply the modification of an existing Directive 
which  can  only  be  achieved  by  Union  law.  The  proposal  therefore  complies  with  the 
subsidiarity principle. 

The  principle  of  proportionality  requires  that  any  intervention  is  targeted  and  does  not  go 
beyond what is necessary to achieve the objectives. The proposed amendments are limited to 
what is necessary to ensure a better functioning of the rules on the recognition of professional 
qualifications and therefore comply with this principle. 

3.3. 

Choice of the instrument 

The proposal is based on Articles 46, 53(1), 62 and 114 of the Treaty which foresee the use of 
a Directive for the mutual recognition of qualifications. Moreover, a Directive is best suited 
for the task as it provides Member States with the necessary flexibility to implement the rules 
laid  down  taking  into  consideration  their  national  administrative  and  legal  specificities. 

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However,  as  an  important  number  of  national  legislative  acts  have  to  be  modified  by  the 
Member  States,  it  is  important  that  they  accompany  the  notification  of  their  transposition 
measures with one or more documents explaining the relationship between the components of 
the Directive and the corresponding part of national transposition instruments. 

3.4. 

European Economic Area 

The proposed act concerns a European Economic Area matter and should therefore extend to 
the European Economic Area. 

4. 

DETAILED EXPLANATION ABOUT THE PROPOSAL 

The proposed amendments to Directive 2005/36/EC are presented according to the objectives 
set out in section 1.2. 

4.1. 

European professional card and Internal Market Information System  

4.1.1.  European professional card 

The  European  professional  card  will  be  an  alternative  tool  which  can  be  implemented  for 
those  professions  which  meet  several  objectives:  bottom-up  demand  by  members  of  the 
profession, significant mobility and better cooperation between competent authorities through 
IMI.  The  European  Professional  Card  also  offers  potential  for  those  professions  interested 
mainly in temporary mobility. All in all, the introduction of the European Professional Card 
will depend on whether professions request its introduction. Its attractiveness should however 
lead to more and more professions adopting it. 

The  European  professional  card  aims  to  facilitate  and  accelerate  the  recognition  procedure 
while  at  the  same  time  making  it  more  transparent.  Therefore,  the  card  requires  more 
involvement  by  the  home  Member  State,  which  implies  the  shift  of  certain  costs  and 
administrative burdens from the host Member State to the home Member State. However, the 
use of IMI should reduce these costs and the new procedure can be carried out by competent 
authorities in place which are already frequently involved in the preparation of the recognition 
file of national professionals.  

To the extent that a European Professional Card has been introduced for a specific profession, 
on request from a professional, the home Member State will assess the completeness of the 
professional's  file  and,  in  case  of  a  request  for  establishment,  create  a  European  profession 
card.  The  role  of  the  home  Member  State  is  even  more  important  in  case  of  temporary 
mobility,  as  it  will  both  create  and  validate  the  professional  card.  The  use  of  the  Internal 
Market  System  becomes  compulsory  as  it  will  serve  as  the  back  office  for  the  European 
professional card. Both the involvement of the home Member State and the use of IMI will 
contribute to a reduction in cost and time necessary for the treatment of a recognition request. 
This  creates  the  conditions  for  the  reduction  of  the  deadlines  for  the  treatment  of  an 
application on the basis of the European professional card compared to the current procedure 
which will continue to exist for professionals preferring not to use the European Professional 
Card. 4.1.2. Making IMI mandatory under the Directive 

Since  the  successive  extensions  of  IMI  to  cover  all  recognition  mechanisms  under  the 
Directive, a significant number of competent authorities use IMI regularly with good results. 
However,  the  potential  of  the  system  is  undermined  when  a  competent  authority  is  not 

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registered or refuses to deal with the information requests due to the non-compulsory nature 
of the IMI. Moreover, the functioning of the European Professional Card is contingent upon 
the systematic use of IMI. Therefore, the proposal obliges Member States to use IMI for the 
exchange of information relating to recognition of professional qualifications.  

4.2. 

Free provision of services 

A  special  regime  for  the  free  provision  of  services  on  a  temporary  basis  was  introduced 
through Directive 2005/36/EC. It foresees lighter rules for temporary service providers: they 
can  provide  services  without  the  prior  check  of  professional  qualifications  (except  for 
professions  with  health  and  safety  implications)  which  is  the  rule  under  the  recognition 
mechanisms for establishment.  

Several amendments are proposed to clarify the rules on the free provision of services. 

By removing the professional experience requirement imposed on service providers from non-
regulating  Member  States  when  the  service  provider  accompanies  the  service  recipient,  the 
proposal  seeks  to  better  cater  to  the  needs  of  consumers  crossing  borders.  Where  the 
requirement  of  professional  experience  still  applies,  the  proposal  foresees  that  it  can  be 
acquired in one or several Member  States which creates more opportunities for the  services 
providers compared to the current situation. 

For  professions  with  health  and  safety  implications,  Member  States  implemented  the  prior 
check  of  qualifications  in  diverse  ways  which  has  led  to  legal  uncertainty  for  service 
providers. The proposal addresses this issue by requiring Member States not only to provide a 
list  of  all  professions  they  consider  as  belonging  to  this  category  but  also  to  justify  their 
reasons  for  the  inclusion  of  each  profession.  This  will  allow  service  providers  to  know  in 
advance  the  exact  requirements  they  have  to  fulfil  for  the  free  provision  of  services  and, 
through  an  increased  transparency,  reduce  the  risk  of  disproportionate  or  unnecessary 
obligations.  

Finally, the proposal clarifies the list of documents a Member State may require prior to the 
first provision of services. It also explicitly states that the declaration service providers may 
be required to make prior to provision of service must be effective for the whole territory of a 
Member State. 

4.3. 

General system 

The first element of the proposal concerns the existing possibility to exclude on the basis of 
Article 11 certain qualifications from the scope of the Directive when there are two ore more 
levels  of  difference  between  the  professionals'  training  and  the  requirements  in  the  host 
Member State. The qualification levels should, in principle, be used only as a benchmarking 
tool and not as a basis for excluding professionals from the scope of the Directive. The only 
exception  relates  to  persons  whose  qualifications  are  based  on  professional  experience  who 
are seeking access to a profession requiring a university degree. The proposal also reinforces 
the obligation on Member States to better justify the compensation measures. Moreover, the 
proposal foresees the obligation for the Member States to organise aptitude tests on a regular 
basis. 

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4.4. 

Partial access 

Following  the  case  law15  of  the  Court  of  Justice,  it  is  proposed  to  introduce  the  concept  of 
partial access into the Directive. This will bring more legal certainty for professionals and will 
allow  professionals  fulfilling  the  conditions  for  partial  access  to  establish  themselves  or  to 
provide  services  where  they  were  previously  excluded  from  the  benefits  of  the  Directive. 
However,  Member  States  may  not  apply  this  principle  where  there  are  overriding  reasons 
such as in the case of health professions. 

4.5. 

Automatic recognition based on professional experience 

The  amendment  proposed  in  this  field  aims  at  introducing  more  flexibility  for  the 
Commission to adapt the list of activities contained in Annex IV. This list no longer reflects 
the  current  structure  of  economic  activities.  This  may  create  difficulties  in  identifying  the 
professions falling under this system of automatic recognition and result in uncertainties for 
the professionals.  

A modernisation of the classification seems therefore necessary. However, any modification 
to  the  current  classification  should  be  carefully  assessed  since  it  can  affect  the  scope  of  the 
regime. Therefore, the amendment proposed gives the Commission the possibility of a review 
but  without  reducing  the  scope  of  the  activities  benefiting  from  automatic  recognition.  The 
Commission also intends to launch a study involving stakeholders in 2012. 

4.6. 

Automatic recognition based on minimum training requirements 

Stakeholders  pointed  to  a  lack  of  transparency  of  the  training  requirements  in  the  Member 
States which are the basis for the automatic recognition system for the sectoral professions. In 
order to increase transparency at EU level, the proposal requires each Member State to notify 
the  legislative,  regulatory  and  administrative  provisions  related  to  the  issuing  of  new  or 
changed qualifications. Member States will also be obliged to involve an appropriate existing 
authority or body, such as an accreditation board or a ministry, to report about the compliance 
of the qualification with the Directive's minimum training requirements.  

The  evaluation  of  the  Directive  has  also  shown  that  the  minimum  duration  of  trainings  for 
doctors, general care nurses and midwives requires clarification. In addition, in the light of the 
progress  in  the  implementation  of  the  European  Credit  Transfer  and  Accumulation  System 
(ECTS) the proposal foresees specified numbers of ECTS credits as potential duration criteria 
for professions for which the training is to be delivered at university level.  

In  order  to  enhance  the  mobility  of  doctors  who  have  already  obtained  a  medical  specialist 
qualification  and  afterwards  wish  to  follow  another  specialist  training,  the  proposal  allows 
Member States to grant partial exemptions from some elements  of  the training  if  the doctor 
has  already  completed  those  elements  during  his  or  her  previous  medical  specialist  training 
programme in that Member State. 

New professional requirements related to the general care nurse and midwife professions are 
reflected in the proposal which requires Member States to upgrade the admission requirement 
to the trainings  of these professions from 10 years of general education to 12 years. This is 
already the case in 24 Member States. 

15 

See for example case C-330/03, Colegio de Ingenieros de Caminos, Canales y Puertos 

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Organising  automatic  recognition  for  nurses  during  the  accession  of  new  Member  States  in 
2004  and  2007  had  been  complex.  In  2012,  the  Commission  services  will  undertake  a 
technical assessment regarding the qualification of Polish and Romanian nurses whose formal 
qualifications were awarded or whose training started prior to 1 May 2004 in order to analyse 
if the additional requirements for Polish and Romanian nurses according to Article 33 (2) are 
still justified. 

The  minimum  duration  of  architect  training  should  be  updated  to  better  reflect  the  broadly 
accepted standards in architectural education, in particular the need to supplement academic 
training  with  professional  experience  under  the  supervision  of  qualified  professionals. 
Consequently,  the  proposal  foresees  that  the  minimum  duration  of  architectural  training 
should be at least six years: either at least four years of full-time study at a university level 
institution and at least two years of remunerated traineeship or at least five years of full-time 
study  at  a  university  level  institution  supplemented  by  at  least  one  year  of  remunerated 
traineeship. 

As to pharmacists, the proposal provides for an extension of their list of activities but also for 
a deletion of the derogation for Member States, foreseen in Article 21(4), which allows them 
to  prevent  pharmacists  with  foreign  qualifications  from  opening  new  pharmacies.  This 
exception  is  no  longer  used  by  an  increasing  number  of  Member  States  (such  as  The 
Netherlands,  Ireland  and  the  United  Kingdom).  In  addition,  the  Court  of  Justice  allows 
territorial restrictions only as far as they do not entail discrimination. 

4.7. 

Common training principles – a new regime for automatic recognition  

The  "common  platforms"  concept  of  the  2005  Directive  is  replaced  by  common  training 
principles: a common training framework or common training tests. These aim at introducing 
more automaticity in the recognition of qualifications currently covered by the general system 
and  should  better  respond  to  the  needs  of  the  professions.  While  the  common  platforms 
offered  only  the  possibility  of  harmonising  compensation  measures,  the  common  training 
principles  allow  the  professionals  to  be  exempted  from  compensation  measures  altogether. 
The  qualifications  obtained  under  this  regime  should  be  automatically  recognised  in  the 
Member States which might however benefit from derogations in applying them. In addition, 
the  conditions  for  setting  up  common  training  principles  are  less  difficult  to  fulfil  than  the 
conditions for setting up common platforms.  

While  the  common  training  principles  would  not  replace  national  training  programmes, 
professionals with a qualification under this regime would benefit from the same advantages 
as the professions for which the minimum training requirements are specified in the Directive.  

4.8. 

Extending the scope of the Directive where necessary 

4.8.1  Not fully qualified professionals 

This proposal extends the scope of the Directive to professionals who hold a diploma but have 
yet  to  complete  a  remunerated  traineeship  which  might  be  required  under  the  law  of  the 
Member State where they graduated (this can apply, for example, to lawyers, architects and 
teachers). This amendment would bring more legal certainty to this category of professionals, 

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which currently benefits from the Treaty rules on free movement but not from the procedural 
safeguards of the Directive. It is based on the case law16 of the Court of Justice.  

4.8.2. Notaries 

In May 2011, the Court of Justice decided17 that nationality requirements cannot be imposed 
on  notaries.  As  regards  the  application  of  the  Directive,  the  Court  took  the  view  that  the 
Member  States  concerned,  at  the  close  of  the  period  of  the  reasoned  opinion,  could  not 
reasonably be expected to consider that the Directive should be transposed for notaries. The 
Court  did  not  rule  out  that  there  is  an  obligation  to  implement  the  Directive  but  considered 
that the obligation was not sufficiently clear at the time of the infringement proceedings. The 
scope  of  the  directive  needs  therefore  to  be  clarified.  Considering  the  specificities  of  the 
profession, the rules on establishment and free provision of services have to be well tailored: 
in the first case, Member States should be able to impose the necessary aptitude tests in order 
to avoid any discrimination in the national selection and nomination procedures. In the case of 
free provision of services, notaries should not be able to draw up authentic deeds and carry 
out other activities of authentication which require the seal of the host Member State. 

4.9. 

Clarifying guarantees for patients and consumers of professional services 

4.9.1.  Language requirements 

The proposal clarifies that the checking of language knowledge is to take place only after the 
host Member State has recognized the qualification. In the case of health professionals, it also 
specifies  that  it  is  up  to  the  national  health  care  systems  and  patient  organizations  to  check 
whether competent authorities should carry out language controls where strictly necessary.  

4.9.2  Alert mechanism 

In line with the responses received to the public consultations, the proposal obliges national 
competent  authorities  to  alert  each  other  in  case  a  health  professional  benefiting  from 
automatic  recognition  under  the  Directive  is  prohibited,  even  temporarily,  to  practice  the 
profession.  In  case  of  other  professionals,  not  covered  by  the  Services  Directive,  Member 
States have also to alert each other where necessary.  

4.10.  E-governance: Access to information and electronic procedures 

In order to allow an easy identification of the competent authority and the required documents 
for a recognition request, the proposal foresees that the points of single contact, created under 
the Services Directive, become central online access points for all professions covered by the 
Professional  Qualifications  Directive.  Therefore,  the  scope  of the  points  of  single  contact  is 
extended  to  categories  of  professionals  not  covered  by  the  Services  Directive  (health 
professionals  and  job  seekers).  Through  this  new  provision,  professionals  could  revert  to  a 
single  structure  for  all  administrative  procedures  linked  to  establishment  or  provision  of 
services in a Member State. 

The proposal foresees that the national contact points which exist under the current Directive 
become assistance  centres,  therefore avoiding  a duplication of information structures. These 

16 
17 

See case C-313/01, Morgenbesser; C-345/08, Pesla 
Cases C-47/08, C-50/08, C-51/08, C-52/08, C-53/08, C-54/08 and C-61/08. 

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assistance  centres  will  focus  on  individual  cases  providing  advice  and  assistance  to  citizens 
such as via phone calls or even allowing face to face meetings. Where necessary, they would 
liaise with competent authorities and assistance centres of other Member States.  

4.11.  Transparency and mutual evaluation 

Across the 27 Member States, the Professional Qualifications Directive applies to about 800 
categories  of  regulated  professions.  There  is  a  lack  of  transparency  on  the  scope  of  and  the 
justifications for the regulation, which may create obstacles to mobility.  

Therefore  this  proposal  provides  for  the  introduction  of  an  obligation  for  Member  States  to 
notify  a  list  of  professions  they  regulate  and  to  assess  their  legislation  on  the  access  to 
regulated professions against the principles of necessity (public interest), proportionality and 
non-discrimination. Each Member State would have to report to the Commission the outcome 
of this assessment. This mutual evaluation exercise would allow Member States to compare 
their regulatory approaches and to simplify, where necessary, their national legal frameworks 
for the regulated professions. 

5. 

BUDGETARY IMPLICATION  

The proposal is expected to have implications for the EU budget to the extent that the future 
European Professional Card (EPC) will use the Internal Market Information System ("IMI") 
as its operational backbone. The IMI will have to be adapted to the EPC processes and storage 
requirements  and supplemented with some additional functions, namely a specific interface, 
an  alert  mechanism  and  a  declaration  mechanism.  The  implications  for  the  EU  budget  are 
already covered by planned allocations and will however be modest in view of the fact that 
using the IMI to underpin the EPC will provide important economies of scale and scope. In 
addition,  the  main  existing  IMI  capabilities  and  those  currently  under  development  are  to  a 
large  extent  compliant  with  the  requirements  of  the  EPC.  The  adaptation  and  development 
costs will therefore be substantially reduced.  

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2011/0435 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2005/36/EC on the recognition of professional qualifications and 
Regulation on administrative cooperation through the Internal Market Information 
System 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 46, 53(1), 62 and 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee18, 

Having regard to the opinion of the European Data Protection Supervisor19, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 
2005  on  the  recognition  of  professional  qualifications20  consolidated  a  system  of 
mutual  recognition  which  was  initially  based  on  15  Directives.  It  provides  for 
automatic  recognition  for  a  limited  number  of  professions  based  on  harmonised 
minimum  training  requirements  (sectoral  professions),  a  general  system  for  the 
recognition  of  evidence  of  training  and  automatic  recognition  of  professional 
experience. Directive 2005/36/EC also established a new system of free provision of 
services.  It  should  be  recalled  that  third  country  family  members  of  Union  citizens 
benefit from equal treatment in accordance with Article 24 of Directive 2004/38/EC. 
Third  country  nationals  may  also  benefit  from  equal  treatment  with  regard  to 
recognition  of  diplomas,  certificates  and  other  professional  qualifications,  in 
accordance  with  the  relevant  national  procedures,  according  to  specific  Union 

18 
19 
20 

OJ C , , p. . 

OJ L 255, 30.9.2005, p.22. 

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(2) 

(3) 

legislation  such  as  acts  on  long  term  residence,  refugees,  "blue  card  holders"  and 
scientific researchers. 

In  its  Communication  'Single  Market  Act,  Twelve  levers  to  boost  growth  and 
strengthen  confidence,  “Working  together  to  create  new  growth”'21,  the  Commission 
identified  the  need  to  modernise  the  Union  legislation  in  this  area.  On  23  October 
2011,  the  European  Council  in  its  conclusions  supported  such  a  modernisation  and 
called for an agreement by the end of 2012. In its resolution of 15 November 2011, the 
European  Parliament  also  invited  the  Commission  to  come  forward  with  a  proposal. 
The EU Citizenship report 2010 on dismantling the obstacles to EU citizens' rights22 
underlines  the  need  to  lighten  the  administrative  burden  linked  to  the  recognition  of 
professional qualifications. 

In  order  to  promote  the  free  movement  of  professionals,  while  ensuring  a  more 
efficient  and  transparent  recognition  of  qualifications  it  is  necessary  to  provide  for  a 
European Professional Card. In particular that card is necessary to facilitate temporary 
mobility  and  recognition  under  the  automatic  recognition  system,  as  well  as  to 
promote a simplified recognition process under the general system. The card should be 
issued upon request from a professional and after submission of necessary documents 
and  completion  of  related  review  and  verification  procedures  by  the  competent 
authorities.  The  functioning  of  the  card  should  be  supported  by  the  Internal  Market 
Information System (IMI) established by Regulation (EU) No […] on administrative 
cooperation  through  the  Internal  Market  Information  System23.  This  mechanism 
should  help  enhance  synergies  and  trust  among  competent  authorities,  while  at  the 
same  time  eliminating  duplication  of  administrative  work  for  the  authorities  and 
creating  more  transparency  and  certainty  for  professionals.  The  process  for  the 
application  and  issuing  of  the  card  should  be  clearly  structured  and  incorporate 
safeguards and the corresponding rights of appeal for the applicant. The card and the 
related  workflow  within  IMI  should  ensure 
integrity,  authenticity  and 
confidentiality  of  the  data  stored  and  avoid  unlawful  and  unauthorised  access  to 
information contained therein.  

the 

(4) 

Directive  2005/36/EC  only  applies  to  professionals  who  want  to  pursue  the  same 
profession in another Member State. There are cases where the activities concerned are 
part of a profession with a larger scope of activities in the host Member State. If the 
differences between the fields of activity are so large that in reality a full programme 
of  education  and  training  is  required  from  the  professional  to  compensate  for 
shortcomings  and  if  the  professional  so  requests,  a  host  Member  State  should  under 
these  particular  circumstances  grant  partial  access.  However,  in  case  of  overriding 
reasons of general interest, such as in the case of a doctor of medicine or other health 
professionals, a Member State should be able to refuse partial access.  

(5) 

Temporary and occasional provision of services in Member States should be subject to 
safeguards,  notably  a  requirement  of  a  minimum  two  years'  prior  professional 
experience,  in  the  interest  of  the  protection  of  local  consumers  in  the  host  Member 
State  if  the  profession  is  not  regulated  in  the  home  Member  State.  However,  these 

21 
22 
23 

COM(2011)206 final, 13.4.2011. 
COM(2010) 603 final 
OJ L […]. 

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(6) 

(7) 

(8) 

(9) 

(10) 

safeguards are not necessary if the consumers, who have their habitual residence in the 
Member  State  of  establishment  of  the  professional,  have  already  chosen  such  a 
professional and there are no public health or safety implications for third persons in 
the host Member State. 

Directive  2005/36/EC  allows  Member  States  to  check  the  professional  qualifications 
of  the  service  provider  prior  to  the  first  provision  of  service  in  the  case  of  regulated 
professions  having  public  health  and  safety  implications.  This  has  led  to  legal 
uncertainty leaving it to the discretion of a competent authority to decide on the need 
for such prior check. In order to ensure legal certainty professionals should know from 
the outset whether a prior check of qualifications is necessary and when a decision can 
be expected.  

Directive  2005/36/EC  should  also  cover  notaries.  For  recognition  requests  for 
establishment, Member States should be able to impose the necessary aptitude test or 
adaptation period to avoid any discrimination in the national selection and nomination 
procedures.  In  the  case  of  free  provision  of  services,  notaries  should  not  be  able  to 
draw  up  authentic  instruments  and  carry  out  other  activities  of  authentication  which 
require the seal of the host Member State. 

In  order  to  apply  the  mechanism  of  recognition  under  the  general  system,  it  is 
necessary to group the various national education and training schemes into different 
levels. Those levels, which are established only for the purpose of the operation of the 
general  system,  should  have  neither  effect  upon  the  national  education  and  training 
structures nor upon the competence of Member States in this field, including a national 
policy for implementing the European Qualifications Framework. This can be a tool to 
promote  the  transparency  and  comparability  of  qualifications  and  can  be  a  useful 
additional  source  of  information  for  the  competent  authorities  examining  the 
recognition of qualifications issued in other Member States. The levels established for 
the operation of the general system should in principle no longer be used as a criterion 
for excluding Union citizens from the scope of Directive 2005/36/EC when this would 
be contrary to the principle of life long learning. 

Applications for recognition from professionals coming from non-regulating Member 
States  have  to  be  treated  in  the  same  way  as  those  of  professionals  coming  from  a 
regulating  Member  State.  Their  qualifications  have  to  be  compared  to  the 
qualifications  requested  in  the  host  Member  State  on  the  basis  of  the  qualification 
levels  in  Directive  2005/36/EC.  In  case  of  substantial  differences  the  competent 
authority should be able to impose compensation measures.  

In the absence of harmonisation of the minimum training conditions for access to the 
professions  governed  by  the  general  system,  it  should  remain  possible  for  the  host 
Member  State  to  impose  a  compensation  measure.  This  measure  should  be 
proportionate  and,  in  particular,  take  account  of  the  knowledge,  skills  and 
competences  gained  by  the  applicant  in  the  course  of  his  professional  experience  or 
through lifelong learning. The decision imposing a compensatory measure should be 
justified in detail in order to enable the applicant to better understand his situation and 
to seek legal scrutiny before national courts under Directive 2005/36/EC.  

(11)  The review of Directive 2005/36/EC has shown a need to update and clarify with more 
flexibility  the  lists  of  industrial,  commercial  and  craft  activities  in  Annex  IV,  while 

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maintaining  for  those  activities  a  system  of  automatic  recognition  based  on 
professional  experience.  Annex  IV  is  currently  based  on  the  International  Standard 
Industrial  Classification  of  all  Economic  Activities  (ISIC)  dated  from  1958  and  no 
longer reflects the current structure of economic activities. The ISIC classification has 
been reviewed several times since 1958. Therefore, the Commission should be able to 
adapt Annex IV in order to maintain intact the system of automatic recognition. 

(12)  The  system  of  automatic  recognition  on  the  basis  of  harmonised  minimum  training 
requirements depends on the timely notification of new or changed evidence of formal 
qualifications  by  the  Member  States  and  their  publication  by  the  Commission. 
Otherwise,  holders  of  such  qualifications  have  no  guarantees  that  they  can  benefit 
from  automatic  recognition.  In  order  to  increase  transparency  and  facilitate  the 
examination  of  newly  notified  titles,  Member  States  should  designate  an  appropriate 
body,  such  as  an  accreditation  board  or  a  ministry,  to  examine  each  notification  and 
provide a report on compliance with Directive 2005/36/EC to the Commission.  

(13)  European Credit Transfer and Accumulation System (ECTS) credits are already used 
in  a  large  majority  of  higher  education  institutions  in  the  Union  and  their  use  is 
becoming more common also in courses leading to the qualifications required for the 
exercise  of  a  regulated  profession.  Therefore,  it  is  necessary  to  introduce  the 
possibility  to  express  the  duration  of  a  programme  also  in  ECTS.  This  should  not 
affect the other requirements for automatic recognition. One ECTS credit corresponds 
to 25-30 hours of study where 60 credits are normally required for the completion of 
one academic year.  

(14) 

In  the  interest  of  enhancing  the  mobility  of  medical  specialists  who  have  already 
obtained  a  medical  specialist  qualification  and  afterwards  follow  another  specialist 
training, Member States should be allowed to grant exemptions from some part of the 
training  if  such  elements  of  the  training  have  already  been  completed  during  the 
former  medical  specialist  training  programme  in  that  Member  State  covered  by  the 
automatic recognition regime.  

(15)  The  nursing  and  midwifery  professions  have  significantly  evolved  in  the  last  three 
decades:  community-based  healthcare,  the  use  of  more  complex  therapies  and 
constantly developing technology presuppose a capacity for higher responsibilities for 
nurses and midwives. In order to prepare them to meet such complex healthcare needs, 
nursing  and  midwifery  students  need  to  have  a  solid  general  education  background 
before they start the training. Therefore, admission to that training should be increased 
to  twelve  years  of  general  education  or  success  in  an  examination  of  an  equivalent 
level.  

(16)  To  simplify  the  system  for  automatic  recognition  of  medical  and  dental  specialities, 
such specialities should be covered by Directive 2005/36/EC if they are common to at 
least one third of the Member States. 

(17)  The functioning of the system of automatic recognition depends on confidence in the 
training conditions which underpin the qualifications of the professionals. Therefore, it 
is  important  that  the  minimum  training  conditions  of  architects  reflect  new 
developments in architectural education, notably with respect to the recognised need to 
supplement  academic  training  with  professional  experience  under  the  supervision  of 
qualified  architects.  At  the  same  time,  the  minimum  training  conditions  should  be 

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flexible  enough  to  avoid  unduly  restricting  the  ability  of  Member  States  to  organise 
their education systems. 

(18)  Directive  2005/36/EC  should  promote  a  more  automatic  character  of  recognition  of 
qualifications for those professions which do not currently benefit from it. This should 
take account of the competence of Member States to decide the qualifications required 
for  the  pursuit  of  professions  in  their  territory  as  well  as  the  contents  and  the 
organisation  of  their  systems  of  education  and  professional  training.  Professional 
associations  and  organisations  which  are  representative  at  national  and  Union  level 
should  be  able  to  propose  common  training  principles.  It  should  take  the  form  of  a 
common  test  as  a  condition  for  acquiring  a  professional  qualification,  or  training 
programmes  based  on  a  common  set  of  knowledge,  skills  and  competences. 
Qualifications obtained under such common training frameworks should automatically 
be recognised by Member States. 

(19)  Directive 2005/36/EC already provides for clear obligations for professionals to have 
the  necessary  language  skills.  The  review  of  that  obligation  has  shown  a  need  to 
clarify  the  role  of  competent  authorities  and  employers  notably  in  the  interest  of 
patients' safety. Language controls should however be  reasonable  and  necessary  for  the 
jobs in question and should not constitute grounds for excluding professionals from the labour 
market in the host Member State.  

(20)  Graduates wishing to pursue a remunerated traineeship in another Member State where 
such  traineeship  is  possible  should  be  covered  by  Directive  2005/36/EC  in  order  to 
foster  their  mobility.  It  is  also  necessary  to  provide  for  the  recognition  of  their 
traineeship by the home Member State. 

(21)  Directive  2005/36/EC  provides  for  a  system  of  national  contact  points.  Due  to  the 
entry  into  force  of  Directive  2006/123/EC  of  the  European  Parliament  and  of  the 
Council  of  12  December  2006  on  services  in  the  internal  market24  and  the 
establishment of points of single contact under that Directive, there is a risk of overlap. 
Therefore,  the  national  contact  points  established  by  Directive  2005/36/EC  should 
become  assistance  centres  which  should  focus  their  activities  on  providing  advice  to 
citizens,  including  face  to  face  advice,  in  order  to  ensure  that  daily  application  of 
internal market rules in individual cases of citizens is followed up at national level.  

(22)  Whilst  the  Directive  already  provides  for  detailed  obligations  for  Member  States  to 
exchange  information,  such  obligations  should  be  reinforced.  Member  States  should 
not  only  react  to  request  for  information  but  also  alert  other  Member  States  in  a 
proactive  manner.  Such  alert  system  should  be  similar  to  that  of  Directive 
2006/123/EC.  A  specific  alert  mechanism 
is  however  necessary  for  health 
professionals benefiting from automatic recognition under Directive 2005/36/EC. This 
should  also  apply  to  veterinary  surgeons  unless  the  Member  States  have  already 
triggered  the  alert  mechanism  provided  for  in  Directive  2006/123/EC.  All  Member 
States  should  be  alerted  if  a  professional  due  to  a  disciplinary  action  or  criminal 
conviction is no longer entitled to move to another Member State. This alert should be 
activated through the IMI regardless of whether the professional has exercised any of 
the rights under Directive 2005/36/EC or of whether he has applied for recognition of 

24 

OJ L 376, 27.12.2006, p. 36. 

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his professional qualifications through the issuance of a European Professional Card or 
through any other method provided for by that Directive. The alert procedure should 
comply  with  Union  law  on  the  protection  of  personal  data  and  other  fundamental 
rights. 

(23)  One  of  the  major  difficulties  a  citizen  who  is  interested  to  work  in  another  Member 
State is facing, is complexity and uncertainty of administrative procedures to comply 
with. Directive 2006/123/EC already obliges Member States to provide easy access to 
information  and  procedure  completion  through  the  points  of  single  contact.  Citizens 
seeking recognition of their qualifications under Directive 2005/36/EC can already use 
the points of single contact if they are covered by Directive 2006/123/EC. However, 
job  seekers  and  health  professionals  are  not  covered  by  Directive  2006/123/EC  and 
available  information  remains  scarce.  There  is  therefore  a  need  to  specify  that 
information,  from  a  user  perspective,  and  to  ensure  that  such  information  is  easily 
available.  It  is  also  important  that  Member  States  not  only  take  responsibility  at 
national  level  but  also  cooperate  with  each other  and  the  Commission  to  ensure  that 
professionals  throughout  the  Union  have  an  easy  access  to  a  user-friendly  and 
multilingual  information  and  to  procedure  completion  through  the  points  of  single 
contact.  Links  should  be  made  available  through  other  websites,  such  as  the  Your 
Europe portal.  

(24) 

In  order  to  supplement  or  amend  certain  non-essential  elements  of  Directive 
2005/36/EC, the power to adopt acts in accordance with Article 290 of the Treaty on 
the  Functioning  of  the  European  Union  should  be  delegated  to  the  Commission  in 
respect of updating of Annex I, setting the criteria for the calculation of fees related to 
the  European  Professional  Card,  establishing  the  details  of  the  documentation 
necessary for the European Professional Card, the adaptations of the list of activities 
set out in Annex IV, the adaptations of 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,  clarifying  the  knowledge  and  skills  for  medical 
doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, 
midwives,  pharmacists  and  architects,  adapting  the  minimum  periods  of  training  for 
specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 
of Annex V of new medical specialities, the amendments to the list set out in points 
5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, inclusion in point 5.3.3 of Annex V of 
new  dental  specialities,  specifying  the  conditions  of  application  of  common  training 
frameworks, and specifying the conditions of application of common training tests. It 
is of particular importance that the Commission carries out appropriate consultations 
during  its  preparatory  work,  including  at  expert  level.  The  Commission,  when 
preparing  and  drawing-up  delegated  acts,  should  ensure  a  simultaneous,  timely  and 
appropriate transmission of relevant documents to the European Parliament and to the 
Council. 

(25) 

In order to ensure uniform conditions for the implementation of Directive 2005/36/EC, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 

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principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission's exercise of implementing powers25

. 

(26)  The advisory procedure should be used for the adoption of implementing acts in order 
to  lay  down  common  and  uniform  rules  regarding  the  specification  of  European 
Professional  Cards  for  specific  professions,  the  format  of  the  European  Professional 
Card,  the  translations  necessary  to  support  an  application  for  issuing  a  European 
Professional  Card,  details  for  the  assessment  of  the  applications  for  a  European 
Professional  Card,  the  technical  specifications  and  the  measures  necessary  to  ensure 
integrity,  confidentiality  and  accuracy  of  information  contained  in  the  European 
Professional  Card  and  in  the  IMI  file,  the  conditions  and  the  procedures  for  making 
available  a  European  Professional  Card,  the  conditions  of  access  to  the  IMI  file,  the 
technical means and the procedures for the verification of the authenticity and validity 
of a European Professional Card and the implementation of the alert mechanism, due 
to the technical nature of those implementing acts. 

(27)  Following  the  positive  experience  with  the  mutual  evaluation  under  Directive 
2006/123/EC,  a  similar  evaluation  system  should  be 
in  Directive 
2005/36/EC. Member States should notify which professions they regulate, for which 
reasons, and discuss amongst themselves their findings. Such system would contribute 
to more transparency in the professional services market. 

included 

(28)  Since the objectives of the action to be taken, namely the rationalisation, simplification 
and improvement of the rules for the recognition of professional qualifications, cannot 
be  sufficiently  achieved  by  the  Member  States  as  it  would  inevitably  result  in 
divergent requirements  and  procedural regimes increasing regulatory complexity  and 
causing  unwarranted  obstacles  to  mobility  of  professionals  and  can  therefore,  by 
reason of coherence, transparency and compatibility be better achieved at Union level, 
the Union may adopt measures, in accordance with the principle of subsidiarity as set 
out in Article 5 of the Treaty on European Union. In accordance with the principle of 
proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is 
necessary in order to achieve those objectives. 

(29) 

In  accordance  with  the  Joint  Political  Declaration  of  Member  States  and  the 
Commission on explanatory documents of [date], Member States have undertaken to 
accompany, in justified cases, the notification of their transposition measures with one 
or more documents explaining the relationship between the components of a directive 
and the corresponding parts of national transposition instruments. With regard to this 
Directive, the legislator considers the transmission of such documents to be justified. 

(30)  Directive 2005/36/EC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Amendments to Directive 2005/36/EC 

25 

OJ L 55, 28.2.2011, p. 13. 

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Directive 2005/36/EC is amended as follows: 

(1) 

In Article 1, the following second paragraph is added: 

"This  Directive  also  establishes  rules  concerning  partial  access  to  a  regulated 
profession  and  access  to  and  recognition  of  remunerated  traineeships  pursued  in 
another Member State.". 

(2) 

In Article 2, paragraph 1 is replaced by the following: 

"1. This Directive shall apply to all nationals of a Member State wishing to pursue a 
regulated profession or a remunerated traineeship in a Member State, including those 
belonging  to  the  liberal  professions,  other  than  that  in  which  they  obtained  their 
professional qualifications, on either a self-employed or employed basis." 

(3) 

Article 3 is amended as follows: 

(a) Paragraph 1 is amended as follows: 

(i) Point (f) is replaced by the following: 

"(f) 'professional experience': the actual and lawful full-time or equivalent part-
time pursuit of the profession concerned in a Member State;"  

(ii) The following points are added: 

"(j)  'remunerated  traineeship':  the  pursuit  of  supervised  and  remunerated 
activities, with a view to access to a regulated profession granted on the basis 
of an examination; 

(k)  'European  Professional  Card':  an  electronic  certificate  issued  to  the 
professional proving the recognition of his qualifications for establishment in a 
host  Member  State  or  that  he  has  met  all  the  necessary  conditions  to  provide 
services in a host Member State on a temporary and occasional basis; 

(l) 'lifelong learning': all general education, vocational education and training, 
non-formal  education  and  informal  learning  undertaken  throughout  life, 
resulting in an improvement in knowledge, skills and competences.". 

(b) In paragraph 2, the third subparagraph is replaced by the following: 

"On  each  occasion  that  a  Member  State  grants  recognition  to  an  association  or 
organisation  referred  to  in  the  first  subparagraph,  it  shall  inform  the  Commission. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a concerning the update of Annex I where that recognition is in compliance 
with this Directive. 

Where  the  Commission  considers  that  the  recognition  referred  to  in  the  third 
subparagraph is not in compliance with this Directive, it shall adopt an implementing 
decision  on  that  non-compliance,  within  six  months  of  receiving  all  necessary 
information.". 

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(4) 

In Article 4, paragraph 1 is replaced by the following: 

"1.  The  recognition  of  professional  qualifications  by  the  host  Member  State  shall 
allow the beneficiary to gain access in that Member State to the same profession or, 
in the cases referred to in Article 4f, to part of the same profession, as that for which 
he is qualified in the home Member State and to pursue it in the host Member State 
under the same conditions as its nationals.". 

(5) 

The following Articles 4a to 4f are inserted: 

"Article 4a 

European Professional Card 

1.  Member  States  shall  provide  a  holder  of  a  professional  qualification  with  a 
European Professional Card upon his request and on condition that the Commission 
has adopted the relevant implementing acts provided for in paragraph 6.  

2.  Member  States  shall  ensure  that  the  holder  of  a  European  Professional  Card 
benefits  from  all  the  rights  conferred  by  Articles  4b  to  4e,  upon  validation  of  the 
Card  by  the  competent  authority  of  the  relevant  Member  State  as  provided  for  in 
paragraphs 3 and 4 of this Article. 

3.  Where  the  holder  of  a  qualification  intends  to  provide  services  under  Title  II 
other  than  those  covered  by  Article  7(4),  the  European  Professional  Card  shall  be 
created  and  validated  by  the  competent  authority  of  the  home  Member  State  in 
accordance with Articles 4b and 4c.  

4.  Where  the  holder  of  a  qualification  intends  to  establish  himself  in  another 
Member State under Chapters I to IIIa of Title III or to provide services under Article 
7(4), the European Professional Card shall be created by the competent authority of 
the  home  Member  State  and  validated  by  the  competent  authority  of  the  host 
Member State in accordance with Articles 4b and 4d.  

5.  Member  States  shall  designate  competent  authorities  for  issuing  European 
Professional Cards. Those authorities shall ensure an impartial, objective and timely 
processing of applications for European Professional Cards. The Assistance Centers 
referred  to  in  Article  57b  may  also  act  in  the  capacity  of  a  competent  authority  to 
issue  a  European  Professional  Card.  Member  States  shall  ensure  that  competent 
authorities inform citizens, including prospective applicants, on the advantages of a 
European Professional Card where it is available. 

The  Commission  shall  adopt 

implementing  acts  specifying  European 
6. 
Professional Cards for specific professions, establishing the format of the European 
Professional Card, the translations necessary to support any application for issuing a 
European  Professional  Card  and  details  for  the  assessment  of  applications,  taking 
into  account  the  particularities  of  each  profession  concerned.  Those  implementing 
acts shall be adopted in accordance with the advisory procedure referred to in Article 
58. 

7. 
Any  fees  which applicants  may incur in relation to administrative procedures 
to  issue  a  European  Professional  Card  shall  be  reasonable,  proportionate  and 

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commensurate with the costs incurred by the home and host Member States and shall 
not act as a disincentive to apply for a European Professional Card. The Commission 
shall  be  empowered  to  adopt  delegated  acts  in  accordance  with  Article  58a 
concerning the setting of criteria for the calculation and distribution of fees.  

8. 
The  recognition  of  qualifications  through  a  European  Professional  Card  shall 
serve  as  a  procedural  alternative  to  the  recognition  of  professional  qualifications 
under the procedures provided in Title II and III of this Directive.  

The availability of a European Professional Card for a specific profession shall not 
preclude  a  holder  of  a  professional  qualification  for  that  profession  from  seeking 
recognition of his qualifications under the procedures, conditions, requirements and 
deadlines  provided  for  in  this  Directive  other  than  those  for  the  European 
Professional Card.  

Article 4b 

Application for a European Professional Card and creation of an IMI file 

1. 
The Member States shall provide that a holder of a professional qualification 
may apply for a European Professional Card by any means, including through an on-
line tool, with the competent authority of the home Member State.  

Applications shall be supported by the documentation required by Article 7(2) 
2. 
and  Annex  VII  as  appropriate.  The  Commission  shall  be  empowered  to  adopt 
delegated  acts  in  accordance  with  Article  58a  concerning  the  establishment  of  the 
details of the documentation. 

3. 
The competent authority of the home Member State shall acknowledge receipt 
of the application and inform the applicant of any missing document without delay 
from submission of the application. It shall create a file of the application containing 
all  supporting  documents  within  the  Internal  Market  Information  System  (IMI) 
established  by  Regulation  (EU)  No  […]  of  the  European  Parliament  and  of  the 
Council(*). In case of subsequent applications by the same applicant, the competent 
authorities of the home or the host Member State may not request the re-submission 
of documents which are already contained in the IMI file and which are still valid.  

4. 
The  Commission  may  adopt  implementing  acts  specifying  the  technical 
specifications,  the  measures  necessary  to  ensure  integrity,  confidentiality  and 
accuracy of information contained in the European Professional Card and in the IMI 
file, the conditions and the procedures for making available a European Professional 
Card to its holder, including the possibility of downloading it or submitting updates 
for  the  file.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
advisory procedure referred to in Article 58. 

Article 4c 

European Professional Card for the temporary provision of services other than those 
covered by Article 7(4) 

1. 
The  competent  authority  of  the  home  Member  State  shall  verify  the 
application, create and validate a European Professional Card within two weeks from 

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the  date  it  receives  a  complete  application.  It  shall  inform  the  applicant  and  the 
Member State in which the applicant envisages to provide services, of the validation 
of the European Professional Card. The transmission of the validation information to 
the  host  Member  States  concerned  shall  constitute  the  declaration  provided  for  in 
Article 7. The host Member State may not require a further declaration under Article 
7 for the following two years.  

2. 
The  decision  of  the  home  Member  State,  or  the  absence  of  a  decision  within 
the period of two weeks referred to in paragraph 1, shall be subject to appeal under 
national law. 

3. 
If  a  holder  of  a  European  Professional  Card  wishes  to  provide  services  in 
Member States other than those initially informed pursuant to paragraph 1 or wishes 
to  continue  providing  services  beyond  the  period  of  two  years  referred  to  in 
paragraph  1,  he  may  continue  to  use  the  European  Professional  Card  referred  to  in 
paragraph 1. In those cases the holder of the European Professional Card shall make 
the declaration provided in Article 7. 

4. 
The  European  Professional  Card  shall  be  valid  for  as  long  as  its  holder 
maintains  the  right  to  practice  in  the  home  Member  State  on  the  basis  of  the 
documents and information contained in the IMI file. 

Article 4d 

European  Professional  Card  for  establishment  and  for  the  temporary  provision  of 
services under Article 7 (4) 

Upon receipt of a complete application for a European Professional Card, the 
1. 
competent authority of the home Member State shall, within two weeks, verify and 
confirm the authenticity and validity of the submitted supporting documents, create 
the European Professional Card, transmit it for validation to the competent authority 
of  the  host  Member  State  and  inform  that  authority  on  the  corresponding  IMI  file. 
The  applicant  shall  be  informed  by  the  home  Member  State  of  the  state  of  the 
procedure. 

2. 
In  the  cases  referred  to  in  Article  16,  21  and  49a,  a  host  Member  State  shall 
decide on validation of a European Professional Card under paragraph 1 within one 
month as from the date of receipt of the European Professional Card transmitted by 
the  home  Member  State.  In  case  of  justified  doubts,  the  host  Member  State  may 
request additional information from the home Member State. That request shall not 
suspend the period of one month. 

In  the  cases  referred  to  in  Articles  7(4)  and  14,  a  host  Member  State  shall 
3. 
decide  on  whether  to  recognise  the  holder's  qualifications  or  to  subject  him  to 
compensation measures within two months from the date of receipt for validation of 
the  European  Professional  Card  transmitted  by  the  home  Member  State.  In  case  of 
justified doubts, the host Member State may request additional information from the 
home Member State. That request shall not suspend the period of two months. 

EN 

23 

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4. 
In case the host Member State subjects the applicant to an aptitude test under 
Article  7(4),  the  applicant shall be able to  provide  the  service within one month of 
the decision being taken in accordance with paragraph 3.  

5.  Where the host Member State fails to take a decision within the time limits set 
out in the paragraphs 2 and 3 or to request additional information within one month 
from  the  date  of  receipt  of  the  European  Professional  Card  by  the  home  Member 
State,  the  European  Professional  Card  shall  be  deemed  to  be  validated  by  the  host 
Member  State  and  to  constitute  recognition  of  the  professional  qualification  to  the 
regulated profession concerned in the host Member State.  

6. 
The actions taken by the home Member State in accordance with paragraph 1 
shall replace any application for recognition of professional qualifications under the 
national law of the host Member State. 

7. 
The decisions of the home and of the host Member State under paragraphs 1 to 
5  or  the  absence  of  decision  by  the  home  Member  State  shall  be  subject  to  appeal 
under the national law of the Member State concerned. 

Article 4e 

Processing and access to data regarding the European Professional Card 

The  competent  authorities  of  the  home  and  the  host  Member  States  shall 
1. 
update  in  a  timely  manner  the  corresponding  IMI  file  with  information  regarding 
disciplinary  action  or  criminal  sanctions  taken  or  any  other  serious  specific 
circumstances which are likely to have consequences for the pursuit of activities of 
the  holder  of  the  European  Professional  Card  under  this  Directive.  Such  updates 
include  the  deletion  of  information  which  is  no  longer  required.  The  holder  of  the 
European  Professional  Card  and  the  competent  authorities  involved  in  the 
corresponding IMI file shall be informed of any updates by the competent authorities 
concerned.  

2. 
Access  to  the  information  in  the  IMI  file  shall  be  limited  to  the  competent 
authorities  of  the  home  and  the  host  Member  State  and  the  holder  of  the  European 
Professional Card in accordance with Directive 95/46/EC of the European Parliament 
and of the Council(**) 

Information  on  individual  applicants  shall  only  be  processed  by  the  relevant 
3. 
competent authorities of the home and the host Member State for the purposes of the 
European Professional Card  in accordance with  the provisions for the protection of 
public safety and health and Directive 95/46/EC. 

4. 
The information included in the European Professional Card shall be limited to 
the  information  that  is  necessary  to  ascertain  its  holder's  right  to  exercise  the 
profession for which it has been issued, in particular name, surname, date and place 
of birth, profession, applicable regime, competent authorities involved, card number, 
security features and reference to a valid proof of identity. 

5.  Member  States  shall  ensure  that  the  holder  of  a  European  Professional  Card 
has the right at any time to request the rectification, deletion and blocking of his file 
within the IMI system upon request and that he is informed of this right at the time of 

EN 

24 

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issuing the European Professional Card, and reminded of it every two years after the 
issuance of his European Professional Card.  

6. 
In relation to the processing of personal data in the European Professional Card 
and all files in the IMI, the relevant competent authorities of the Member States shall 
be regarded as  controllers within the meaning of Directive 95/46/EC. In relation to 
its  responsibilities  under  paragraphs  1  to  4  and  the  processing  of  personal  data 
involved  therein,  the  Commission  shall  be  regarded  as  a  controller  within  the 
meaning  of  Regulation  (EC)  No  45/2001  of  the  European  Parliament  and  of  the 
Council(***). 

7.  Member  States  shall  provide  that  employers,  customers,  patients  and  other 
interested parties may verify the authenticity and validity of a European Professional 
Card presented to them by the card holder without prejudice to paragraphs 2 and 3.  

The Commission shall adopt implementing acts specifying  the  conditions  of access 
to the IMI file, the technical means and the procedures for the verification referred to 
in  the  first  subparagraph.  Those  implementing  acts  shall  be  adopted  in  accordance 
with the advisory procedure referred to in Article 58. 

Article 4f  

Partial access 

1. 
The competent authority of the host Member State shall grant partial access to 
a  professional  activity  in  its  territory  provided  that  the  following  conditions  are 
fulfilled: 

(a) differences between the professional activity legally exercised in the home 
Member  State  and  the  regulated  profession  in  the  host  Member  State  as  such 
are  so  large  that  in  reality  the  application  of  compensatory  measures  would 
amount to requiring the applicant to complete the full programme of education 
and  training  required  in  the  host  Member  State  to  have  access  to  the  full 
regulated profession in the host Member State;  

(b) the professional activity can objectively be separated from other activities 
falling under the regulated profession in the host Member State.  

For the purposes of point (b), an activity shall be deemed to be separable if it is 
exercised as an autonomous activity in the home Member State. 

2. 
Partial  access  may  be  rejected  if  such  rejection  is  justified  by  an  overriding 
reason of general interest, such as public health, it would secure the attainment of the 
objective pursued and it would not go beyond what is strictly necessary.  

3. 
Applications for establishment in the host Member State shall be examined in 
accordance  with  Chapters  I  and  IV  of  Title  III  in  case  of  establishment  in  the  host 
Member State.  

Applications  for  provision  of  temporary  services  in  the  host  Member  State 
4. 
concerning professional activities having public health and safety implications shall 
be examined in accordance with Title II. 

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5. 
By  derogation  from  the  sixth  subparagraph  of  Article  7(4)  and  Article  52(1), 
the  professional  activity  shall  be  exercised  under  the  professional  title  of  the  home 
Member State once partial access has been granted. 

------------- 

(*) OJ [IMI Regulation] 

(**) OJ L 281, 23.11.1995, p. 31 

(***) OJ L 8, 12.1.2001, p. 1". 

(6) 

Article 5 is amended as follows: 

(a) 

In paragraph 1, point (b) is replaced by the following: 

"(b)  where  the  service  provider  moves,  if  he  has  pursued  that  profession  in  one  or 
several Member States for at least two years during the last 10 years preceding the 
provision  of  services  when  the  profession  is  not  regulated  in  the  Member  State  of 
establishment.  

For the purposes of  point  (b)  of the first subparagraph, the condition requiring two 
years' pursuit shall not apply in any of the following cases: 

(a)  the  profession  or  the  education  and  training  leading  to  the  profession  is 
regulated;  

(b)  the  service  provider  is  accompanying  the  service  recipient,  provided  that 
the  service  recipient's  habitual  residence  is  in  the  service  provider's  Member 
State of establishment and the profession does not appear on the list referred to 
in Article 7(4). 

(b)  The following paragraph 4 is added: 

"4.  In  the  case  of  notaries,  the  authentic  instruments  and  other  activities  of 
authentication  which  require  the  seal  of  the  host  Member  State  shall  be  excluded 
from the provision of services.". 

(7) 

Article 7 is amended as follows: 

(a)  Paragraph 2 is amended as follows: 

(i) Point (e) is replaced by the following: 

"(e) for professions in the security sector and in the health sector, where the Member 
State  so  requires  for  its  own  nationals,  evidence  of  neither  temporary  and  final 
suspensions from exercising the profession nor criminal convictions". 

(ii) The following point (f) is added: 

"(f) in the case of evidence of formal qualifications referred to in Article 21 (1) and 
in the case of certificates of acquired rights referred to in Articles 23, 26, 27, 30, 33, 

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33a,  37,  39,  and  43,  evidence  attesting  knowledge  of  the  language  of  the  host 
Member State". 

(b)  The following paragraph 2a is inserted: 

"2a. A declaration supplied by a service provider shall be valid throughout the entire 
territory of the Member State concerned.". 

(c)  Paragraph 4 is replaced by the following: 

"4.  For  the  first  provision  of  services,  in  the  case  of  regulated  professions  having 
public health or safety implications, which do not benefit from automatic recognition 
under Chapter II or III of Title III , the competent authority of the host Member State 
may  check  the  professional  qualifications  of  the  service  provider  prior  to  the  first 
provision of services. Such a prior check shall be possible only where the purpose of 
the check is to avoid serious damage to the health or safety of the service recipient 
due to a lack of professional qualification of the service provider and where this does 
not go beyond what is necessary for that purpose. 

Member  States  shall  notify  to  the  Commission  the  list  of  professions  for  which  a 
prior  check  of  qualifications  is  necessary  in  order  to  avoid  serious  damage  to  the 
health  or  safety  of  the  service  recipient  under  its  national  laws  and  regulations. 
Member  States  shall  provide  the  Commission  with  a  specific  justification  for  the 
inclusion of each of those professions in the list. 

Within  a  maximum  of  one  month  of  receipt  of  the  declaration  and  accompanying 
documents,  the  competent  authority  shall  inform  the  service  provider  either  of  its 
decision not to check his qualifications or of the outcome of such check. Where there 
is a difficulty  which  would  result in delay,  the competent authority shall notify  the 
service  provider  within  the  first  month  of  the  reason  for  the  delay.  The  difficulty 
shall  be  solved  within  one  month  following  that  notification  and  the  decision 
finalised within the second month following resolution of the difficulty. 

Where there is a substantial difference between the professional qualifications of the 
service provider and the training required in the host Member State, to the extent that 
that difference is such as to be harmful to public health or safety, and that it cannot 
be  compensated  by  professional  experience  or  lifelong  learning  of  the  service 
provider,  the  host  Member  State  shall  give  the  service  provider  the  opportunity  to 
show,  in  particular  by  means  of  an  aptitude  test,  that  he  has  acquired  the  lacking 
knowledge  or  competence.  In  any  case,  it  must  be  possible  to  provide  the  service 
within  one  month  of  a  decision  being  taken  in  accordance  with  the  third 
subparagraph. 

In the absence of a reaction of the competent authority within the deadlines set in the 
third and fourth subparagraphs, the service may be provided. 

In  cases  where  qualifications  have  been  verified  under 
to  fifth 
subparagraphs, the service shall be provided under the professional title of the host 
Member State.". 

the  first 

(8) 

In Article 8, paragraph 1 is replaced by the following: 

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"1.  The  competent  authorities  of  the  host  Member  State  may  ask  the  competent 
authorities of the Member State of establishment, in case of doubts, to provide any 
information  relevant  to  the  legality  of  the  service  provider's  establishment  and  his 
good conduct,  as  well as the absence  of any disciplinary or criminal sanctions of a 
professional nature. In case of control of qualifications, the competent authorities of 
the  host  Member  State  may  ask  the  competent  authorities  of  the  Member  State  of 
establishment  information  about  the  service  provider  training  courses  to  the  extent 
necessary  to  assess  substantial  differences  likely  to  be  harmful  to  public  health  or 
safety. The competent authorities of the Member State of establishment shall provide 
that information in accordance with Article 56.". 

(9) 

Article 11 is amended as follows: 

(a)  The  introductory  sentence  of  the  first  subparagraph  is  replaced  by  the 

following:  

"For  the  purposes  of  Article  13  and  Article  14(6),  the  professional 
qualifications shall be grouped under the following levels:". 

(b) 

In point (c), point (ii) is replaced by the following: 

"(ii)  regulated  education  and  training  or,  in  the  case  of  regulated  professions, 
vocational  training  with  a  special  structure,  with  competences  going  beyond 
what is provided for in level b, equivalent to the level of training provided for 
under  point  (i),  if  such  training  provides  a  comparable  professional  standard 
and prepares the trainee for a comparable level of responsibilities and functions 
provided the diploma is accompanied by a certificate from the home Member 
State;". 

(c)  Points (d) and (e) are replaced by the following: 

"(d)  a  diploma  certifying  successful  completion  of  training  at  post-secondary 
level of at least three and not more than four years' duration, or of an equivalent 
duration on a part-time basis, or if applicable in the home Member State, of an 
equivalent  number  of  European  Credit  Transfer  and  Accumulation  System 
(ECTS) credits, at a university or establishment of higher education or another 
establishment  of  equivalent  level  and,  where  appropriate,  that  he  has 
successfully  completed  the  professional  training  required  in  addition  to  the 
post-secondary course; 

(e)  a  diploma  certifying  that  the  holder  has  successfully  completed  a  post-
secondary  course  of  more  than  four  years'  duration,  or  of  an  equivalent 
duration on a part-time basis, or if applicable in the home Member State, of an 
equivalent number of ECTS credits, at a university or establishment of higher 
education or another establishment of equivalent level and, where appropriate, 
that  he  has  successfully  completed  the  professional  training  required  in 
addition to the post-secondary course.". 

(d)  The second paragraph is deleted. 

(10) 

In Article 12, the first paragraph is replaced by the following: 

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"Any  evidence  of  formal  qualifications  or  set  of  evidence  of  formal 
qualifications  issued  by  a  competent  authority  in  a  Member  State,  certifying 
successful  completion  of  training  in  the  Union,  on  a  full  or  part-time  basis, 
within or outside formal programs, which is recognised by that Member State 
as being of an equivalent level and which confers on the holder the same rights 
of  access  to  or  pursuit  of  a  profession  or  prepares  for  the  pursuit  of  that 
profession,  shall  be  treated  as  evidence  of  formal  qualifications  of  the  type 
covered by Article 11, including the level in question." 

(11) 

Article 13 is replaced by the following: 

"Article 13 

Conditions for recognition 

1.  If  access  to  or  pursuit  of  a  regulated  profession  in  a  host  Member  State  is 
contingent  upon  possession  of  specific  professional  qualifications,  the  competent 
authority of that Member State shall permit access to and pursuit of that profession, 
under  the  same  conditions  as  apply  to  its  nationals,  to  applicants  possessing  an 
attestation of competence or evidence of formal qualifications referred to in Article 
11,  required  by  another  Member  State,  in  order  to  gain  access  to  and  pursue  that 
profession on its territory. 

Attestations of competence or evidence of formal qualifications shall be issued by a 
competent  authority  in  a  Member  State,  designated  in  accordance  with  the 
legislative, regulatory or administrative provisions of that Member State. 

2.  Access  to  and  pursuit  of  the  profession  referred  to  in  paragraph  1  shall  also  be 
granted to applicants possessing an attestation of competence or evidence of formal 
qualifications referred to in Article 11 issued by another Member State which does 
not regulate that profession. 

Attestations  of  competence  and  evidence  of  formal  qualifications  shall  satisfy  the 
following conditions: 

(a) they are issued by a competent authority in a Member State, designated in 
accordance with the legislative, regulatory or administrative provisions of that 
Member State; 

(b) they attest that the holder has been prepared for the pursuit of the profession 
in question. 

3.  In  case  of  an  attestation  of  competence  or  evidence  of  formal  qualifications 
referred to in paragraphs 1 and 2 or a certificate certifying regulated education and 
training  or  a  vocational  training  with  special  structure  equivalent  to  the  level 
provided for in Article 11(c)(i), the host Member State shall accept the level attested 
or certified by the home Member State. 

4. 
By derogation to paragraphs 1 and 2 of this Article, the competent authority of 
the host Member State may refuse access to and pursuit of the profession to holders 
of an attestation of competence where the national qualification required to exercise 
the profession on its territory is classified under points (d) or (e) of Article 11.". 

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(12) 

Article 14 is amended as follows: 

(a)  Paragraph 1 is replaced by the following:  

"1.  Article  13  shall  not  preclude  the  host  Member  State  from  requiring  the 
applicant  to  complete  an  adaptation  period  of  up  to  three  years  or  to  take  an 
aptitude  test  if  the  training  he  has  received  covers  substantially  different 
matters with regard to professional activities than those covered by the training 
in the host Member State." 

(b) 

In paragraph 2, the third subparagraph is replaced by the following: 

"Where the Commission considers that the derogation referred to in the second 
subparagraph is inappropriate or that it is not in accordance with Union law, it 
shall  adopt  an  implementing  decision,  within  six  months  of  receiving  all 
necessary information, to ask the relevant Member State to refrain from taking 
the  envisaged  measure.  In  the  absence  of  a  response  from  the  Commission 
within that deadline, the derogation may be applied.". 

(c) 

In  paragraph  3,  the  following  subparagraph  is  inserted  after  the  first 
subparagraph: 

"For the profession of notary, the host Member State may, when it determines 
the  compensation  measure,  take  into  account  the  specific  activities  of  this 
profession on its territory, in particular as regards the law to be applied.". 

(d)  Paragraphs 4 and 5 are replaced by the following:  

"4.  For  the  purposes  of  paragraphs  1  and  5,  'substantially  different  matters' 
shall mean matters of which knowledge is essential for pursuing the profession 
and with regard to which the training received by the migrant shows important 
differences in terms of content from the training required by the host Member 
State.  

5.  Paragraph  1  shall  be  applied  with  due  regard  to  the  principle  of 
proportionality.  In  particular,  if  the  host  Member  State  intends  to  require  the 
applicant to complete an adaptation period or take an aptitude test, it must first 
ascertain  whether  the  knowledge,  skills  and  competences  acquired  by  the 
applicant  in  the  course  of  his  professional  experience  and  through  lifelong 
learning in any Member State or in a third country is of a nature to cover, in 
full or in part, the substantially different matters referred to in paragraph 4.". 

(e)  The following paragraphs 6 and 7 are added: 

"6. The decision imposing an adaptation period or an aptitude test shall be duly 
motivated. In particular, it shall include the following motivation: 

(a)  indicate  the  level  of  the  qualification  required  in  the  host  Member 
State  and  the  level  of  the  qualification  held  by  the  applicant  in 
accordance with the classification set out in Article 11; 

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(b) indicate the subject or subjects for which substantial differences have 
been identified; 

(c) explain the substantial differences in terms of content; 

(d) explain why due to these substantial differences, the applicant cannot 
perform his profession in a satisfactory manner in the host Member State 
territory;  

(e) explain why these substantial differences cannot be compensated by 
the applicants knowledge, skills and competences gained in the course of 
his professional experience and through lifelong learning.  

7. The aptitude test referred to in paragraph 1 shall be organized at least twice a 
year and applicants shall be authorized to resit a test at least once if they failed 
a first test.". 

(13) 

Article 15 is deleted. 

(14) 

Article 20 is replaced by the following: 

"Article 20 

Adaptation of lists of activities in Annex IV 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a concerning the adaptations of the lists of activities set out in Annex IV 
which are the subject of recognition of professional experience pursuant to Article 16 
with  a view to updating  or  clarifying  the nomenclature, provided that this does not 
involve  any  narrowing  of  the  scope  of  the  activities  related  to  the  individual 
categories.". 

(15) 

Paragraphs 4, 6 and 7 of Article 21 are deleted. 

(16) 

The following Article 21a is inserted: 

"Article 21a 

Notification procedure 

1. Each Member State shall notify the Commission of the legislative, regulatory and 
administrative  provisions  which  it  adopts  with  regard  to  the  issuing  of  evidence  of 
formal qualifications in the area covered by this Chapter.  

In the case of evidence of formal qualifications referred to in Section 8, notification 
in  accordance  with  the  first  subparagraph  shall  also  be  addressed  to  the  other 
Member States.  

2.  The  notification  referred  to  in  paragraph  1  shall  be  accompanied  by  a  report 
demonstrating compliance of the notified evidence of formal qualifications with the 
relevant requirements of this Directive. The report shall be issued by an appropriate 
authority or body which has been designated by the Member State and which has the 

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capability  to  assess  the  compliance  of  evidence  of  formal  qualifications  with  this 
Directive. 

3. The Commission shall be empowered to adopt delegated acts in accordance with 
Article  58a  in  order  to  adapt  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, by listing and updating the titles adopted by the Member 
States for evidence of formal qualifications and, where appropriate, the body which 
issues the evidence of formal qualifications, the certificate which accompanies it and 
the corresponding professional title. 

4. Where the Commission considers that the notified acts referred to in paragraph 1 
are not in compliance with this Directive, it shall adopt an implementing decision on 
that non-compliance, within six months of receiving all necessary information.". 

(17) 

In Article 22, the following second paragraph is added: 

"For  the  purposes  of  point  (b)  of  the  first  paragraph,  as  from  [insert  date  -  the  day 
after the date set out in first subparagraph of paragraph 1 of Article 3] and every five 
years  thereafter,  the  competent  authorities  in  Member  States  shall  submit  publicly 
available  reports  to  the  Commission  and  to  the  other  Member  States  on  their 
continuing education and training procedures related to doctors of medicine, medical 
specialists,  nurses  responsible  for  general  care,  dental  practitioners,  specialised 
dental practitioners, veterinary surgeons, midwives and pharmacists.". 

(18) 

Article 24 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

"2. Basic medical training shall comprise a total of at least five years of study, which 
may also be expressed with the equivalent ECTS credits, and shall consist of at least 
5500 hours of theoretical and practical training provided by, or under the supervision 
of, a university.  

For  persons  who  began  their  studies  before  1  January  1972,  the  course  of  training 
referred to in the first subparagraph may comprise six months of full-time practical 
training at university level under the supervision of the competent authorities.". 

(b)  The following paragraph 4 is added: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a to specify: 

(a) the adequacy of knowledge of sciences referred to in point (a) of paragraph 3 in 
line  with  scientific  and  technological  progress  and  the  necessary  competences  that 
such knowledge should entail; 

(b) the degree of sufficiency of understanding of the items referred to in point (b) of 
paragraph  3  and  the  necessary  competences  for  such  understanding  in  line  with 
scientific progress and developments in education in Member States  

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(c) the adequacy of knowledge of clinical disciplines and practices, as referred to in 
point (c) of paragraph 3, and the necessary competences such knowledge should lead 
to in the light of scientific and technological progress 

(d) the suitability of clinical experience referred to in point (d) of paragraph 3 and the 
necessary  competences  that  such  experience  should  entail  in  the  light  of  scientific 
and technological progress as well as developments in education in Member States.". 

(19) 

Article 25 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1. Admission to specialist medical training shall be contingent upon completion and 
validation of a basic medical training programme as referred to in Article 24(2) in the 
course of which the trainee has acquired the relevant knowledge of basic medicine.". 

(b)  The following paragraph 3a is inserted: 

"3a.  Member  States  may  lay  down  in  their  national  legislations  partial  exemptions 
from  parts  of  the  specialist  medical  training,  if  that  part  of  the  training  has  been 
followed  already  during  the  completion  of  another  specialist  training  programme 
which  is  listed  in  point  5.1.3  of  Annex  V  and  provided  that  the  former  specialist 
qualification  has  already  been  obtained  by  the  professional  in  that  Member  State. 
Member States shall ensure that the granted exemption is not more than one-third of 
the  minimum  duration  of  specialist  medical  training  courses  as  referred  to  in  point 
5.1.3 of Annex V. 

Each  Member  State  shall  notify  the  Commission  and  the  other  Member  States  of 
their  national  legislation  concerned  together  with  detailed  justification  for  such 
partial exemptions.". 

(c)  Paragraph 5 is replaced by the following: 

"5. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 58a concerning the adaptations of the minimum periods of training referred to 
in point 5.1.3 of Annex V to scientific and technical progress." 

(20) 

In Article 26, the second paragraph is replaced by the following: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  58a  concerning  the  inclusion  in  point  5.1.3  of  Annex  V  of  new  medical 
specialties common to at least one third of the Member States with a view to updating 
this Directive in the light of changes in national legislation.". 

(21) 

In Article 28, the first paragraph is replaced by the following: 

"1.  Admission  to  specific  training  in  general  medical  practice  shall  be  contingent 
upon completion and validation of a basic medical training programme as referred to 
in Article 24(2).". 

(22) 

Article 31 is amended as follows: 

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(a)  Paragraph 1 is replaced by the following: 

"1. Admission to training for nurses responsible for general care shall be contingent 
upon  completion  of  general  education  of  12  years,  as  attested  by  a  diploma, 
certificate  or  other  evidence  issued  by  the  competent  authorities  or  bodies  in  a 
Member State or by a certificate attesting success in an examination, of an equivalent 
level, for admission to a school of nursing.". 

(b) 

In paragraph 2, the second subparagraph is replaced by the following: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a concerning amendments to the list set out in point 5.2.1 of Annex V with 
a view to adapting it to the educational, scientific and technical progress.". 

(c) 

In paragraph 3, the first subparagraph is replaced by the following: 

"The training of nurses responsible for general care shall comprise at least three years 
of  study  consisting  of  at  least  4  600  hours  of  theoretical  and  clinical  training,  the 
duration of the theoretical training representing at least one third and the duration of 
the  clinical  training  at  least  one  half  of  the  minimum  duration  of  the  training. 
Member  States  may  grant  partial  exemptions  to  persons  who  have  received  part  of 
their training on courses which are of at least an equivalent level.". 

(d)  The following paragraph 7 is added: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a to specify: 

(a) 
the adequacy of knowledge of the sciences of general nursing, as referred to in 
point (a) of paragraph 6, in line with scientific and technological progress as well as 
the necessary competences such knowledge should entail in line with scientific and 
technological progress and recent developments in education; 

(b) 
the degree of sufficiency of understanding of the items referred to in point (a) 
of paragraph 6 and the necessary competences following from such understanding in 
line with scientific and technological progress and recent developments in education;  

(c) 
the degree of sufficiency of knowledge about the items referred to in point (b) 
of  paragraph  6  and  the  necessary  competences  following  from  such  knowledge  in 
line with scientific progress and recent developments in education; 

(d) 
the adequacy of clinical experience referred to in point (c) of paragraph 6 and 
the necessary competences following from such adequate clinical experience in line 
with scientific and technological progress and recent developments in education.". 

(23) 

Article 33 is amended as follows: 

(a)  The following paragraph 1a is inserted: 

"1a.  Member  States  shall  recognize  automatically  those  general  care  nurse 
qualifications where the applicant started the training before [insert date – entry into 
force  of  the  amended  Directive],  and  the  admission  requirement  was  ten  years  or 

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equivalent level of general education, but the qualification otherwise complies with 
all the training requirements stipulated in Article 31.". 

(b)  Paragraph 3 is replaced by the following: 

"3.  Member  States  shall  recognise  evidence  of  formal  qualifications  in  nursing 
awarded in Poland, to nurses who completed training before 1 May 2004, which did 
not comply with the minimum training requirements laid down in Article 31, attested 
by  the  diploma  ‘bachelor’  which  has  been  obtained  on  the  basis  of  a  special 
upgrading  programme  contained  in  Article  11  of  the  Act  of  20  April  2004  on  the 
amendment of the Act on professions of nurse and midwife and on some other legal 
acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), 
and  the  Regulation  of  the  Minister  of  Health  of  12  April  2010  amending  the 
Regulation of the Minister  of Health of 11 May 2004 on the detailed conditions of 
delivering  studies  for  nurses  and  midwives,  who  hold  a  certificate  of  secondary 
school  (final  examination  —  matura)  and  are  graduates  of  medical  lyceum  and 
medical  vocational  schools  teaching  in  a  profession  of  a  nurse  and  a  midwife 
(Official Journal of the Republic of Poland of 21 April 2010, No 65, pos. 420), with 
the  aim  of  verifying  that  the  person  concerned  has  a  level  of  knowledge  and 
competence comparable to that of nurses holding the qualifications which, in the case 
of Poland, are defined in point 5.2.2. of Annex V.".  

(24) 

Article 34 is amended as follows: 

(a) 

In  paragraph  2,  the  first  and  the  second  subparagraphs  are  replaced  by  the 
following: 

"Basic  dental  training  shall  comprise  a  total  of  at  least  five  years  of  full-time 
theoretical  and  practical  study,  which  may  also  be  expressed  with  the  equivalent 
ECTS credits, comprising at least the programme described in Annex V, point 5.3.1 
and given in a university, in a higher institute providing training recognised as being 
of an equivalent level or under the supervision of a university. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a concerning the adaptations of the list set out in point 5.3.1. of Annex V 
with a view to adapting it to scientific and technical progress.". 

(b)  The following paragraph 4 is added: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a to specify: 

the  adequacy  of  knowledge  of  science  of  dentistry  and  the  degree  of 
(a) 
understanding  of  scientific  methods,  as  referred  to  in  point  (a)  of  paragraph  3,  and 
the  necessary  competences  following  from  such  degree  of  knowledge  and 
understanding  in  line  with  scientific  and  technological  progress  and  recent 
developments in education; 

(b) 
the adequacy of knowledge of the items referred to in point (b) of paragraph 3, 
and  the  necessary  competences  following  from  such  degree  of  knowledge  in  line 
with scientific and technological progress and recent developments in education; 

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(c) 
the adequacy of knowledge of the items referred to in point (c) of paragraph 3, 
and the necessary competences following from such degree in line with scientific and 
technological progress; 

the adequacy of knowledge of clinical disciplines and methods, as referred to 
(d) 
in point (d) of paragraph 3, and the necessary competences following thereof in line 
with scientific and technologic progress; 

(e) the suitability of clinical experience as referred to in point (e) of paragraph 3 in 
line with recent developments in education.". 

(25) 

Article 35 is amended as follows: 

(a) 

In paragraph 2, the second subparagraph is replaced by the following: 

"Full-time  specialist  dental  courses  shall  be  of  a  minimum  of  three  years'  duration, 
which  may  also  be  expressed  with  the  equivalent  ECTS  credits,  and  shall  be 
supervised  by  the  competent  authorities  or  bodies.  It  shall  involve  the  personal 
participation of the dental practitioner training to be a specialist in the activity and in 
the responsibilities of the establishment concerned.". 

(b) 

In paragraph 2, the third subparagraph is deleted. 

(c)  The following paragraph 4 is added: 

"4. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 58a concerning the adaptations of the minimum period of training referred to 
in paragraph 2 with a view to adapting it to scientific and technical progress. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  58a  concerning  the  inclusion  in  point  5.3.3.  of  Annex  V  of  new  dental 
specialties  common  to  at  least  one  third  of  the  Member  States,  with  a  view  to 
updating this Directive in the light of changes in national legislation.". 

(26) 

Article 38 is amended as follows: 

In  paragraph  1,  the  first  and  the  second  subparagraphs  are  replaced  by  the 

(a) 
following: 

"The  training  of  veterinary  surgeons  shall  comprise  a  total  of  at  least  five  years  of 
full-time  theoretical  and  practical  study,  which  may  also  be  expressed  with  the 
equivalent  ECTS  credits,  at  a  university  or  at  a  higher  institute  providing  training 
recognized as being of an equivalent level, or under the supervision of a university, 
covering at least the study programme referred to in Annex V, point 5.4.1. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a concerning the adaptations of the list in point 5.4.1. of Annex V with a 
view to adapting it to scientific and technical progress.". 

(b)  The following paragraph 4 is added: 

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"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a to specify: 

(a) 
the  adequacy  of  knowledge  of  the  sciences,  as  referred  to  in  point  (a)  of 
paragraph  3,  and  the  necessary  competences  following  from  such  degree  of 
knowledge in line with scientific and technological progress; 

(b) 
the adequacy of knowledge of the structure and functions of healthy animals, 
as set out in point (b) of paragraph 3, and the necessary competences such degree of 
knowledge entails in line with scientific and technological progress; 

(c) 
the  adequacy  of  knowledge  of  behaviour,  protection  and  diseases  of  animals, 
as set out in points (c) and (d) of paragraph 3, and the necessary competences such 
degree of knowledge entails in line with scientific and technological progress; 

(d) 
the adequacy of knowledge of preventive medicine, as referred to in point (e) 
of paragraph 3, and the necessary competences such degree of knowledge entails in 
line with scientific and technological progress; 

(e) 
the adequacy of knowledge of the items set out in point (f) of paragraph 3, and 
the  necessary  competences  such  degree  of  knowledge  entails  in  line  with  scientific 
and technological progress; 

the  adequacy  of  knowledge  of  clinical  and  other  practical  experience  as 
(f) 
referred to in point (h) of paragraph 3 and the necessary competences such degree of 
knowledge should entail in line with recent educational developments.". 

(27) 

Article 40 is amended as follows: 

(a) 

In paragraph 1, the second subparagraph is replaced by the following: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a concerning the amendment of the list in point 5.5.1. of Annex V with a 
view to adapting it to the educational, scientific and technical progress.".  

(b)  Paragraph 2 is replaced by the following: 

"2.  Access  to  training  as  a  midwife  shall  be  contingent  upon  one  of  the  following 
conditions: 

(a)  completion  of  at  least  the  12  years  of  general  school  education  or  a  certificate 
attesting  success  in  an  examination,  of  an  equivalent  level,  for  admission  to  a 
midwifery school for route I; 

(b) possession of evidence of formal qualifications as a nurse responsible for general 
care referred to in point 5.2.2. of Annex V for route II.". 

(c)  The following paragraph 4 is added: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a to specify: 

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(a) 
the adequacy of knowledge of the sciences on which the activities of midwives 
are based, as set out in point (a) of paragraph 3 and the necessary competences such 
degree of knowledge entails in line with scientific and technological progress; 

the degree of knowledge of the items set out in point (c) of paragraph 3 and the 
(b) 
necessary competences such degree of knowledge entails in line with scientific and 
technological progress; 

the adequacy of clinical experience, as referred to in point (d) of paragraph 3, 
(c) 
and the necessary competences such degree of knowledge entails in line with recent 
educational reforms as well as scientific and technological progress; 

the  adequacy  of  understanding  of  the  training  of  health  personnel  and 
(d) 
experience of working with such, as referred to in point (e) of paragraph 3 and the 
necessary  competences  such  degree  of  understanding  entails  in  line  with  recent 
educational reforms as well as scientific and technological progress.". 

(28) 

In Article 41, paragraph 1 is replaced by the following: 

"1. The evidence of formal qualifications as a midwife referred to in Annex V, point 
5.5.2 shall be subject to automatic recognition pursuant to Article 21 in so far as they 
satisfy one of the following criteria: 

(a) full-time training of at least three years as a midwife; 

(b) full-time training as a midwife of at least two years consisting of at least 3 600 
hours,  contingent  upon  possession  of  evidence  of  formal  qualifications  as  a  nurse 
responsible for general care referred to in Annex V, point 5.2.2; 

(c) full-time training as a midwife of at least 18 months consisting of at least 3 000 
hours,  contingent  upon  possession  of  evidence  of  formal  qualifications  as  a  nurse 
responsible for general care referred to in Annex V, point 5.2.2 and followed by one 
year's professional practice for which a certificate has been issued in accordance with 
paragraph 2.". 

(29) 

In Article 43, the following paragraph 1a is inserted: 

"1a. As regards evidence of formal qualifications of midwives, Member States shall 
recognize automatically those qualifications where the applicant started the training 
before  [insert  date  –  entry  into  force  of  the  amended  Directive],  and  the  admission 
requirements for such training was ten years or equivalent level of general education 
for  route  I,  or  completed  a  general  care  nurse  training  with  10  years  or  equivalent 
admission requirement before starting a midwifery training falling under route II.".  

(30) 

Article 44 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

"2. Evidence of formal qualifications as a pharmacist shall attest to training of at least 
five years' duration, which may also be expressed with the equivalent ECTS credits, 
including at least: 

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(a)  four  years  of  full-time  theoretical  and  practical  training  at  a  university  or  at  a 
higher  institute  of  a  level  recognised  as  equivalent,  or  under  the  supervision  of  a 
university;  

(b)  at  the  end  of  the  theoretical  and  practical  training,  a  six-month  traineeship  in  a 
pharmacy which is open to the public or in a hospital under the supervision of that 
hospital's pharmaceutical department.  

The training cycle referred to in this paragraph shall include at least the programme 
described in point 5.6.1 of Annex V. The Commission shall be empowered to adopt 
delegated acts in accordance with Article 58a concerning the amendment of the list 
in  point  5.6.1  of  Annex  V  with  a  view  to  adapting  it  to  scientific  and  technical 
progress. 

The  amendments  referred  to  in  the  second  subparagraph  must  not  entail,  for  any 
Member  State,  any  amendment  of  existing  legislative  principles  relating  to  the 
structure  of  professions  as  regards  training  and  the  conditions  of  access  by  natural 
persons.". 

(b)  The following paragraph 4 is added: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 58a to specify: 

(a) 
the  adequacy  of  knowledge  of  medicines  and  the  substances  used  in  the 
manufacture of medicines, as set out in point (a) of paragraph 3, and the necessary 
competences  such  degree  of  knowledge  entails  in  line  with  scientific  and 
technological progress; 

(b) 
the adequacy of knowledge of the items set out in point (b) of paragraph 3, and 
the  necessary  competences  such  degree  of  knowledge  entails  in  line  with  scientific 
and technological progress; 

(c) 
the adequacy of knowledge of the items set out in point (c) of paragraph 3, and 
the  necessary  competences  such  degree  of  knowledge  entails  in  line  with  scientific 
and technological progress; 

(d) 
the  adequacy  of  knowledge  to  evaluate  scientific  data,  as  referred  to  in  point 
(d) of paragraph 3, and the necessary competences such degree of knowledge entails 
in line with scientific and technological progress.".  

(31) 

In paragraph 2 of Article 45, the following point (h) is added:  

"(h)  report  the  adverse  reactions  of  pharmaceutical  products  to  the  competent 
authorities.". 

(32) 

Article 46 is replaced by the following: 

"Article 46 

Training of architects 

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1. The duration of the training as an architect must be at least six years which may 
also be expressed with the equivalent ECTS credits. The training in a Member State 
shall comprise any of the following: 

(a)  at  least  four  years  of  full-time  study  at  a  university  or  comparable  teaching 
institution leading to successful completion of a university-level examination and at 
least two years of remunerated traineeship; 

(b)  at  least  five  years  of  full-time  study  at  a  university  or  comparable  teaching 
institution leading to successful completion of a university-level examination and at 
least one year of remunerated traineeship." 

2.  The  study,  which  must  be  at  university  level,  and  of  which  architecture  is  the 
principal  component,  must  maintain  a  balance  between  theoretical  and  practical 
aspects  of  architectural  training  and  guarantee  the  acquisition  of  the  following 
knowledge, skills and competences: 

(a)  ability  to  create  architectural  designs  that  satisfy  both  aesthetic  and  technical 
requirements; 

(b)  adequate  knowledge  of  the  history  and  theories  of  architecture  and  the  related 
arts, technologies and human sciences; 

(c) knowledge of the fine arts as an influence on the quality of architectural design; 

(d)  adequate  knowledge  of  urban  design,  planning  and  the  skills  involved  in  the 
planning process; 

(e)  understanding  of  the  relationship  between  people  and  buildings,  and  between 
buildings  and  their environment, and of the need to relate buildings and the spaces 
between them to human needs and scale; 

(f)  understanding  of  the  profession  of  architecture  and  the  role  of  the  architect  in 
society, in particular in preparing briefs that take account of social factors; 

(g) understanding of the methods of investigation and preparation of the brief for a 
design project; 

(h)  understanding  of  the  structural  design,  constructional  and  engineering  problems 
associated with building design; 

(i) adequate knowledge of physical problems and technologies and of the function of 
buildings  so  as  to  provide  them  with  internal  conditions  of  comfort  and  protection 
against the climate; 

(j)  the  necessary  design  skills  to  meet  building  users'  requirements  within  the 
constraints imposed by cost factors and building regulations; 

(k) adequate knowledge of the industries, organisations, regulations and procedures 
involved  in  translating  design  concepts  into  buildings  and  integrating  plans  into 
overall planning. 

EN 

40 

   EN 

 
3.  The  remunerated  traineeship  must  be  carried  out  in  a  Member  State,  under  the 
supervision  of  a  person  providing  adequate  guarantees  regarding  their  ability  to 
provide  practical  training.  It  must  be  undertaken  after  the  completion  of  the  study 
referred  to  in  paragraph  1.  The  completion  of  the  remunerated  traineeship  must  be 
attested to in a certificate accompanying the evidence of formal qualifications. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 

4. 
with Article 58a to specify: 

(a) 
the adequacy of knowledge of items as set out in point (i) of paragraph 2, and 
the  necessary  competences  such  degree  of  knowledge  entails  in  line  with  technical 
progress and recent educational developments; 

(b) 
the  need  for  design  skills  as  referred  to  in  point  (j)  of  paragraph  2,  and  the 
necessary  competences  such  degree  of  skills  entails  in  line  with  technical  progress 
and recent educational developments.".  

(33) 

Article 47 is replaced by the following: 

"Article 47 

Derogations from the conditions for the training of architects 

By  way  of  derogation  from  Article 46,  the  following  shall  also  be  recognised  as 
satisfying  Article 21:  training  as  part  of  social  betterment  schemes  or  part-time 
university  studies  which  satisfies  the  requirements  referred  to  in  Article 46,  as 
attested by an examination in architecture passed by a person who has been working 
for  seven  years  or  more  in  the  field  of  architecture  under  the  supervision  of  an 
architect or architectural bureau. The examination must be of university level and be 
equivalent  to  the  final  examination  referred  to  in  the  first  subparagraph  of 
Article 46(1).". 

(34) 

In Article 49, the following paragraph 1a is inserted: 

"1a. Paragraph 1 shall also apply to evidence of formal qualifications as an architect 
listed in Annex V, where the training started before [insert the date – two years after 
the date set out in first subparagraph of paragraph 1 of Article 3].". 

(35) 

In Title III, the following Chapter IIIA is inserted: 

"Chapter IIIA 

Automatic recognition on the basis of common training principles 

Article 49a 

Common training framework 

1.  For  the  purpose  of  this  Article,  'common  training  framework'  shall  mean  a 
common  set  of  knowledge,  skills  and  competences  necessary  for  the  pursuit  of  a 
specific  profession.  For  the  purpose  of  access  to  and  pursuit  of  such  profession,  a 
Member  State  shall  give  evidence  of  qualifications  acquired  on  the  basis  of  such 

EN 

41 

   EN 

 
framework  the  same  effect  in  its  territory  as  the  evidence  of  formal  qualifications 
which it itself issues, on condition that such framework fulfils the criteria set under 
paragraph 2. Such criteria shall respect the specifications referred to in paragraph 3.  

2. A common training framework shall comply with the following conditions: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the  common  training  framework  enables  more  professionals  to  move  across 
Member States in comparison to the general system for recognition of evidence 
of training provided for in Chapter I of Title III; 

the  profession  concerned  is  already  regulated  in  at  least  one  third  of  all 
Member States; 

the  common  set  of  knowledge,  skills  and  competences  combines  the 
knowledge,  skills  and  competences  defined  in  the  systems  of  education  and 
training applicable in at least one third of all Member States; 

the  knowledge,  skills  and  competences  for  such  common  training  framework 
shall  refer  to  levels  of  the  European  Qualifications  Framework,  as  defined  in 
Annex  II  of  the  Recommendation  of  the  European  Parliament  and  of  the 
Council  on  the  establishment  of  the  European  Qualifications  Framework  for 
lifelong learning(*);  

the  profession  concerned  is  neither  covered  by  another  common  training 
framework nor regulated already under Chapter III of Title III; 

the common training framework has been prepared following a transparent due 
process, including with stakeholders from Member States where the profession 
is not regulated; 

the  common  training  framework  permits  nationals  from  any  Member  State  to 
be eligible for acquiring the qualification under such framework without being 
required  to  be  a  member  of  any  professional  organisation  or  to  be  registered 
with such organisation. 

3. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 58a specifying the common set of knowledge, skills and competences as well 
as the qualifications on the common training framework. 

4. Member States shall notify to the Commission the professional title to be acquired 
in accordance with the common training framework referred to in paragraph 3.  

5.  A  Member  State  may  request  a  derogation  from  the  application  of  common 
training  framework  referred  to  in  paragraph  3  on  its  territory  if  it  were  otherwise 
compelled to introduce a new regulated profession in its territory, if it were required 
to  amend  existing  fundamental  domestic  principles  relating  to  the  structure  of 
professions as regards training and the conditions of access to such professions or if 
the  Member  State  does  not  wish  to  relate  its  national  qualifications  system  to  the 
qualifications  set  out  in  that  common  training  framework.  The  Commission  may 
adopt  an  implementing  decision,  in  order  to  grant  such  derogation  to  the  Member 
States concerned.Article 49b 

EN 

42 

   EN 

 
Common training tests 

1. For the purpose of this Article, a common training test shall mean an aptitude test 
assessing  the  ability  of  a  professional  to  pursue  a  profession  in  all  Member  States 
which  regulate  it.  Successful  completion  of  a  common  training  test  shall  allow  for 
access  to  and  pursuit  of  the  professional  activities  concerned  in  a  Member  State 
under  the  same  conditions  as  the  holders  of  professional  qualifications  acquired  in 
that Member State.  

2. The common training test shall comply with the following conditions:: 

(a) 

the common training test enables more professionals to move across Member 
States  in  comparison  to  the  general  system  for  recognition  of  evidence  of 
training provided for in Chapter I of Title III; 

(b) 

the profession concerned is regulated in at least one third of all Member States; 

(c) 

(d) 

the  common  training  test  has  been  prepared  following  a  transparent  due 
process, including with stakeholders from Member States where the profession 
is not regulated; 

the  common  training  test  permits  nationals  from  any  Member  State  to 
participate  in  such  a  test  and  in  the  practical  organisation  of  such  tests  in 
Member  States  without  being  required  to  be  a  member  of  any  professional 
organisation or to be registered with such organisation. 

3. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 58a concerning the conditions for such common training test 

----------- 

(*) OJ C 111, 6.5.2008, p.1.".  

(36) 

In Article 50, the following paragraph 3a is inserted: 

"3a.  In  the  event  of  justified  doubts,  the  host  Member  State  may  require  from  the 
competent authorities of a Member State confirmation of the fact that the applicant is 
not suspended or prohibited from the pursuit of the profession as a result of serious 
professional misconduct or conviction of criminal offences relating to the pursuit of 
any of his/her professional activities.". 

(37) 

In Article 52, the following paragraph 3 is added: 

"3. A Member State may not reserve the use of the professional title to the holders of 
professional qualifications if it has not notified the association or organisation to the 
Commission and to the other Member States in accordance with Article 3(2).".  

(38) 

In Article 53, the following second paragraph is added: 

"A Member State shall ensure that any controls of the knowledge of a language are 
carried  out  by  a  competent  authority  after  the  decisions  referred  to  in  Articles  4d, 
7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the 

EN 

43 

   EN 

 
professional's sufficient language knowledge in respect of the professional activities 
this person intends to pursue.  

In case of professions with patient safety implications, Member States may confer to 
the  competent  authorities  the  right  to  carry  out  language  checking  covering  all 
professionals  concerned  if  it  is  expressly  requested  by  the  national  health  care 
system, or in case of self-employed professionals not affiliated to the nationals health 
care system, by representative national patient organisations. 

Any  language  control  shall  be  limited  to  the  knowledge  of  one  of  the  official 
languages  of  the  Member  State  according  to  the  choice  of  the  person  concerned,  it 
shall  be  proportionate  to  the  activity  to  be  pursued  and  free  of  charge  for  the 
professional. The person concerned shall be allowed to appeal such controls before 
national courts.". 

(39) 

In Title IV the following Article 55a is inserted:  

"Article 55a 

Recognition of remunerated traineeship 

With a view to grant access to a regulated profession, the home Member State shall 
recognise the remunerated traineeship pursued in another Member State and certified 
by a competent authority of that Member State.". 

(40) 

The title of Title V is replaced by the following:  

"Title V  

ADMINISTRATIVE  COOPERATION  AND  RESPONSIBILITY  TOWARDS 
CITIZENS FOR IMPLEMENTATION". 

(41) 

In Article 56, the first subparagraph of paragraph 2 is replaced by the following: 

"The  competent  authorities  of  the  host  and  home  Member  States  shall  exchange 
information  regarding  disciplinary  action  or  criminal  sanctions  taken  or  any  other 
serious, specific circumstances which are likely to have consequences for the pursuit 
of  activities  under  this  Directive,  respecting  personal  data  protection  legislation 
provided  for  in  Directive  95/46/EC  and  Directive  2002/58/EC  of  the  European 
Parliament and of the Council (*). 

--------- 

(*) OJ L 201, 31.07.2002, p. 37.". 

(42) 

The following Article 56a is inserted: 

"Article 56a 

Alert mechanism 

EN 

44 

   EN 

 
1. 
The  competent  authorities  of  a  Member  State  shall  inform  the  competent 
authorities  of  all  other  Member  States  and  the  Commission  about  the  identity  of  a 
professional who has been prohibited by national authorities or courts from pursuing, 
even  temporarily,  on  the  territory  of  that  Member  State  the  following  professional 
activities:  

(a)  doctor  of  medicine  of  general  practice  possessing  evidence  of  a  formal 
qualification referred to in point 5.1.4 of Annex V; 

(b) specialist doctor of medicine possessing a title referred to in point 5.1.3 of Annex 
V; 

(c) nurse responsible  for  general care  possessing evidence of a formal qualification 
referred to in point 5.2.2 of Annex V; 

(d) dental practitioner possessing a professional qualifications listed in, point 5.3.2 of 
Annex V; 

(e)  specialist  dentists  possessing  evidence  of  a  formal  qualification  referred  to  in 
point 5.3.3 of Annex V; 

(f)  veterinary  surgeon  possessing  evidence  of  a  formal  qualifications  referred  to  in 
point 5.4.2 of Annex V, unless they notified it already under Article 32 of Directive 
2006/123/EC of the European Parliament and of the Council(*); 

(g) midwife possessing evidence of a formal qualification referred to in point 5.5.2 
Annex V;  

(h) pharmacist possessing evidence of a formal qualification listed in point 5.6.2 of 
Annex V;  

(i) holders of certificates mentioned in point 2 of Annex VII attesting that the holder 
completed a training which satisfies the minimum requirements listed in Articles 24, 
25, 31, 34, 35, 38, 40, or 44 respectively, but which started earlier than the reference 
dates of the qualifications listed in points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 
5.6.2 of Annex V. 

(j) holders of certificates of acquired rights as referred to in Articles 23, 27, 29, 33, 
37 and 43. 

The information referred to in the first subparagraph shall be sent at the latest within 
three  days  from  the  date  of  adoption  of  the  decision  prohibiting  the  professional 
concerned from exercising a professional activity.  

2. 
In  the  cases  not  covered  by  Directive  2006/123/EC,  where  a  professional 
established in a Member State carries out a professional activity under a professional 
title  other  than  those  referred  to  in  paragraph  1  and  within  the  framework  of  this 
Directive,  a  Member  State  shall  inform  without  delay  other  Member  States 
concerned  and  the  Commission  upon  gaining  actual  knowledge  of  any  conduct, 
specific acts or circumstances which is related to such activity and which could cause 
serious  damage  to  the  health  or  safety  of  persons  or  to  the  environment  in  another 
Member  State.  That  information  shall  not  go  beyond  what  is  strictly  necessary  to 

EN 

45 

   EN 

 
identify the professional concerned and shall include the reference to the decision of 
a  competent  authority  prohibiting  him  or  her  from  pursuing  the  professional 
activities. Other Member State may request further information under the conditions 
set out in Articles 8 and 56.  

3. 
The processing of personal data of the purpose of the exchange of information 
according  to  paragraphs  1  and  2  shall  be  carried  out  in  accordance  with  Directives 
95/46/EC and 2002/58/EC. The processing of personal data by the Commission shall 
be carried out in accordance with Regulation (EC) No 45/2001.  

4.  Member States shall provide that professionals on which alerts are sent to other 
Member States are informed in writing of decisions on alerts at the same time as the 
alert  as  such,  may  appeal  to  national  courts  against  the  decision  or  apply  for 
rectification  of  such  decisions  and  shall  have  access  to  remedies  in  respect  of  any 
damage caused by false alerts to other Member States and in such cases the decision 
shall be qualified to indicate that it is subject to proceedings by the professional. 

5. 
The Commission shall adopt implementing acts for the application of the alert 
mechanism.  The  implementing  act  shall  include  provisions  on  the  competent 
authorities  entitled  to  sending  and/or  receiving  alerts,  on  complementing  the  alerts 
with  additional  information,  on  the  withdrawal  and  closure  of  alerts,  on  rights  of 
access  to  data,  ways  of  correcting  the  information  contained  in  the  alerts,  and 
measures  to  ensure  the  security  of  processing  and  retention  periods.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  advisory  procedure 
referred to in Article 58. 

---------------- 

(*) OJ L 376, 27.12.2006, p. 36.". 

(43) 

Article 57 is replaced by the following: 

"Article 57 

Central online access to information 

1. Member States shall ensure that the following information is available online and 
regularly updated through the points of single contact: 

(a)  a  list  of  all  regulated  professions  within  the  meaning  of  Article  3(1)(a)  in 
the  Member  State  including  contact  details  of  the  competent  authorities  for 
each regulated profession and the assistance centre referred to in Article 57b;  

(b)  a  list  of  the  professions  for  which  a  European  Professional  Card  is 
available, the functioning and the competent authorities for issuing the card; 

(c) a list of all professions for which the Member State applies Article 7(4) in 
the national laws and regulation; 

(d)  a  list  of  regulated  education  and  training  and  training  with  a  special 
structure, referred to in Article 11(c)(ii); 

EN 

46 

   EN 

 
(e) all requirements, procedures and formalities referred to in this Directive for 
each profession regulated in the Member State, including all related fees to be 
paid by citizens and documents to be submitted by citizens;  

(f)  how  to  appeal  decisions  of  competent  authorities  under  national  laws  and 
regulations. 

2.  Member  States  shall  ensure  that  the  information  referred  to  in  paragraph  1  is 
provided in a clear and comprehensive way for users, that it is easily accessible at a 
distance and by electronic means and that it is kept up to date. 

3.  Member  States  shall  ensure  that  the  points  of  single  contact  and  the  competent 
authorities respond as quickly as possible to any request for information addressed to 
the  point  of  single  contact.  To  this  end,  they  may  also  refer  such  request  for 
information to the assistance centers mentioned in Article 57b and inform the citizen 
concerned.  

4. Member States and the Commission shall take accompanying measures in order to 
ensure that points of single contact make the information provided for in paragraph 1 
available in other official languages of the Union. This shall not affect the legislation 
of Member States on the use of languages in their territory. 

5.  Member  States  shall  cooperate  with  each  other  and  the  Commission  for  the 
purpose of implementing paragraph 1, 2 and 4.". 

(44) 

The following Article 57a is inserted: 

"Article 57a 

Procedures by electronic means 

1.  Member  States  shall  ensure  that  all  requirements,  procedures  and  formalities 
relating to matters covered by this Directive may be easily completed, at a distance 
and by electronic means, through the relevant point of single contact. 

2. Paragraph 1 shall not apply to the carrying out of an aptitude test or the adaptation 
period within the meaning of Article 14(1).  

3. Where it is justified for Member States to ask for advanced electronic signatures, 
within the meaning of Directive 1999/93/EC of the European Parliament and of the 
Council(*)  ,  for  the  completion  of  procedures  referred  to  in  paragraph  1,  Member 
States  shall  accept  electronic  signatures  in  compliance  with  Commission  Decision 
2009/767/EC(**) and provide for technical measures to process advanced e-signature 
formats defined by Commission Decision 2011/130/EU(***). 

4. All procedures shall be carried out in accordance with the provisions of Directive 
2006/123/EC  relating  to  the  points  of  single  contact.  Any  time  limits  for  Member 
States  to  be  complied  with  procedures  or  formalities  set  out  in  this  Directive  shall 
commence at the point when an application has been submitted by a citizen to a point 
of single contact. 

(*)  OJ L 13, 19.1.2000, p. 12. 

EN 

47 

   EN 

 
(**)  OJ L 274, 20.10.2009, p. 36. 

(***) OJ L 53, 26.2.2011, p. 66.".  

(45) 

The following Article 57b is inserted: 

"Article 57b 

Assistance centres 

1.  Each  Member  State  shall  designate,  no  later  than  [insert  date  –  transposition 
deadline] an assistance centre whose remit shall be to provide citizens and centres of 
the  other  Member  States with  assistance concerning the recognition of professional 
qualifications  provided  for  in  this  Directive,  including  information  on  the  national 
legislation  governing  the  professions  and  the  pursuit  of  those  professions,  social 
legislation, and, where appropriate, the rules of ethics.  

2. The assistance centres in host Member States shall assist citizens in exercising the 
rights  conferred  on  them  by  this  Directive,  in  cooperation,  where  appropriate,  with 
the assistance centre in the home Member State and the competent authorities and the 
points of single contact in the host Member State. 

3.  Any  competent  authority  in  the  host  Member  State  shall  be  required  to  fully 
cooperate  with  an  assistance  centre  in  the  host  Member  State  and  provide 
information  about  individual  cases  to  such  assistance  centres  in  the  host  Member 
States upon their request.  

4. At the Commission’s request, the assistance centres shall inform the Commission 
concerning enquiries with which the Commission is dealing within two months after 
receiving such a request.". 

(46) 

Article 58 is replaced by the following: 

"Article 58 

Committee procedure 

1.  The  Commission  shall  be  assisted  by  a  Committee  on  the  recognition  of 
professional qualifications. That Committee shall be a committee within the meaning 
of Regulation (EU) No 182/2011. 

2.  Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No 
182/2011 shall apply.". 

(47) 

The following Article 58a is inserted: 

"Article 58a 

Exercise of the delegation 

1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 

EN 

48 

   EN 

 
2.  The  power  to  adopt  delegated  acts  referred  to  in  Articles  3(2),  4a(7),  4b(2),  20, 
21a(3),  24(4),  25(5),  26(2),  31(2),  31(7),  34(2),  34(4),  35(4),  38(1),  38(4),  40(1), 
40(4),  44(2),  44(4), 46(4) 49a(3) and  49b(3) shall be conferred on the Commission 
for an indeterminate period of time from [insert the date - date of entry into force of 
the amending Directive]. 

3.  The  delegation  of  power  referred  to  in  Articles  3(2),  4a(7),  4b(2),  20,  21a(3), 
24(4),  25(5),  26(2),  31(2),  31(7),  34(2),  34(4),  35(4),  38(1),  38(4),  40(1),  40(4), 
44(2), 44(4), 46(4), 49a(3) and 49b(3) may be revoked at any time by the European 
Parliament or by the Council. A decision to revoke shall put an end to the delegation 
of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day  following  the 
publication of the decision in the Official Journal of the European Union or at a later 
date specified therein. It shall not affect the validity of any delegated acts already in 
force. 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council. 

5. A delegated act adopted pursuant to Articles 3(2), 4a(7), 4b(2), 20, 21a(3), 24(4), 
25(5),  26(2),  31(2),  31(7),  34(2),  34(4),  35(4),  38(1),  38(4),  40(1),  40(4),  44(2), 
44(4), 46(4), 49a(3) and 49b(3) shall  enter into force only if no objection has been 
expressed either by the European Parliament or the  Council within a  period of two 
months of notification of that act to the European Parliament and the Council or if, 
before the expiry of that period, the European Parliament and the Council have both 
informed the Commission that they will not object. That period shall be extended by 
two months at the initiative of the European Parliament or of the Council.". 

(48) 

Article 59 is replaced by the following: 

"Article 59 

Transparency 

1.  Member  States  shall  notify  to  the  Commission  a  list  of  existing  regulated 
professions  according  to  their  national  law  by  [insert  date  –  end  of  transposition 
period]. Any change to this list of regulated professions shall also be notified to the 
Commission  without  delay.  The  Commission  shall  set  up  and  maintain  a  publicly 
available database for such information.  

2.  Member  States  shall  examine  whether  under  their  legal  system  requirements 
restricting  the  access  to  a  profession  or  its  pursuit  to  the  holders  of  a  specific 
professional qualification, including the use of professional titles and the professional 
activities allowed under such title, is compatible with the following principles: 

(a) requirements must be neither directly nor indirectly discriminatory according to 
the nationality nor the residence;  

(b)  requirements  must  be  justified  by  an  overriding  reason  relating  to  a  public 
interest; 

(c)  requirements  must  be  suitable  for  securing  the  attainment  of  the  objectives 
pursued and must not go beyond what is necessary to attain the objective. 

EN 

49 

   EN 

 
3.  Paragraph  1  shall  also  apply  to  professions  regulated  in  a  Member  State  by  an 
association or organisation within the meaning of Article 3(2) and any requirements 
related to the need for membership. 

4.  By  [insert  date  -  end  of  transposition  period],  Member  States  shall  provide 
information  on  the  requirements  they  intend  to  maintain  and  the  reasons  for 
considering  that  their  requirements  comply  with  paragraph  2.  Member  States  shall 
provide  information  on  the  requirements  they  subsequently  introduced  and  the 
reasons for considering that those requirements comply with paragraph 2 within six 
months of the adoption of the measure. 

5.  By  [insert  date  -  end  of  transposition  period],  and  every  two  years  thereafter, 
Member  States shall  also  provide  a  report about the requirements which have  been 
removed or made less stringent.  

6. The Commission shall forward the reports to the other Member States which shall 
submit  their  observations  within  six  months.  Within  the  same  period,  the 
Commission shall consult interested parties, including the professions concerned.  

7.  The  Commission  shall  provide  a  summary  report  based  on  the  information 
provided  by  Member  States  to  the  Group  of  Coordinators  established  under 
Commission Decision No 2007/172/EC*, which may make observations.  

8. In light of the observations  provided  for in paragraphs  6 and 7, the Commission 
shall [insert date – one year after end of transposition period] submit its final findings 
to  the  Council  and  to  the  European  Parliament,  accompanied  where  appropriate  by 
proposals for further initiatives 

(*) OJ L 79, 20.3.2007, p. 38.". 

(49) 

In Article 61, the second paragraph is replaced by the following: 

"Where appropriate, the Commission shall adopt an implementing decision to permit 
the  Member  State  in  question  to  derogate  from  the  relevant  provision  for  a  limited 
period of time.". 

(50) 

Annexes II and III are deleted. 

(51) 

In point 1 of Annex VII, the following point (g) is added: 

"(g)  where  the  Member  State  requires  so  for  its  own  nationals,  evidence  of  neither 
temporary suspension from exercising the profession nor criminal convictions.".  

Article 2 

Amendment to [IMI Regulation] 

Point 2 of Annex I to [IMI Regulation] is replaced by the following: 

"2. Directive 2005/36/EC of the European Parliament and of the Council(*): Articles 4a to 4e, 
Article 8, Article 21a, Article 50, Article 51, Article 56 and Article 56a. 

EN 

50 

   EN 

 
(*) OJ L 255, 30.09.2005, p. 22.".  

Article 3 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [insert  the  date  –  two  years 
after  the  entry  into  force]  at  the  latest.  They  shall  forthwith  communicate  to  the 
Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 4 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 5 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 19.12.2011 

For the European Parliament 
The President 

For the Council 
The President 

EN 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party participation in financing  

3.3.  Estimated impact on revenue

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

6. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

6.1. 

Title of the proposal/initiative  

Directive No. xxx of the European Parliament and of the Council amending Directive 
2005/36/EC on the recognition of professional qualifications. 

6.2. 

Policy area(s) concerned in the ABM/ABB structure26  

Internal market – Knowledge based economy 

Internal Market — Services 

6.3. 

Nature of the proposal/initiative  

(cid:133) The proposal/initiative relates to a new action  

6.4. 

Objectives 

6.4.1.  The  Commission's  multiannual 

strategic  objective(s) 

targeted  by 

the 

proposal/initiative  

In  its  Communication  "Single  Market  Act,  twelve  levers  to  boost  growth  and 
strengthen  confidence"  (COM(2011)  206  final),  the  Commission  proposed  that 
modernising  the  legislation  on  recognitions  of  professional  qualifications.  In  that 
context,  the  SMA  clearly  mentioned  the  creation  of  a  European  Professional  Card 
("EPC")  as  a  tool  (in  terms  of  an  electronic  certificate)  to  facilitate  mobility  of 
professionals, whilst strengthening confidence between the competent authorities of 
the Member States and ultimately benefiting consumers and employers.  

The  creation  of  the  EPC  should  increase  the  efficiency  of  the  current  recognition 
procedures  and  will  help  reduce  costs.  One  of  the  main  characteristics  of  the  EPC 
will  be  the  use  of  a  common  EU  back-office  functionality,  namely  the  Internal 
Market  Information  System  ("IMI")  which  will  be  further  enhanced  with  new  EPC 
functionality.  

The EPC should become a tool voluntary for interested professionals but mandatory 
for competent authorities. Apart from the EPC, the IMI back-office function should 
also  be  used  to  put  in  place  a  European  wide  alert  mechanism,  for  Member  States 
should  alert  each  other  about  professionals  no  longer  allowed  to  practice  due  to  a 
disciplinary or criminal sanction, and to support notification of new diplomas.. 

IMI is an on-line communication tool developed by the European Commission and 
offered  as  a  free  service  to  Member  States  since  2008.  It  is  currently  used  for  the 
exchange  of  information  pursuant  to  Directive  2005/36/EC  of  the  European 
Parliament  and  of  the  Council  of  7  September  2005  on  the  recognition  of 

26 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 

EN 

53 

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professional  Qualifications  and  Directive  2006/123/EC  of  the  European  Parliament 
and of the Council of 12 December 2006 on services in the internal market.  

IMI allows national, regional and local authorities to communicate quickly and easily 
with  their  counterparts  across  borders,  following  uniform  working  methods  agreed 
by all Member States. IMI helps its users (i) to find the right authority to contact, (ii) 
communicate with them using pre-translated sets of questions and answers and (iii) 
follow the progress of the information request through a tracking mechanism.  

The  proposal  to  use  the  IMI  as  a  back-office  for  the  issuance  and  the  on-going 
monitoring of EPCs, and an alert mechanism is in line with expressed Commission 
policy.  Thus,  in  its  Communication  on  the  Single  Market  Act  the  Commission 
indicated that preferential use should be made of this system as a partnership tool for 
implementing Single Market rules in future Commission proposals.  

Under  the  expansion  strategy  for  IMI  as  adopted  by  the  Commission,  a  tool  for 
notifications by Member States to the Commission and to other Member States will 
be  developed  in  IMI.  This  should  also  be  used  for  notifications  of  new  diplomas 
under the Directive. 

6.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective  No.  8: Facilitate free movement  of qualified  professionals  inside 
the EU 

A key activity within this objective is the development of a proposal for the revision 
of the Professional Qualifications Directive with the aim of significant simplification 
and  modernisation  of  the  whole  process,  including  the  introduction  and  use  of 
European Professional Cards. 

The overall objective of this measure is to  increase 
decisions on the recognition of professional qualifications requests.  

the  amount  and  accelerate 

In order to achieve these objectives, we envisage the following activities: 

1. 
increase transparency of the whole procedure through the setting up of a public 
interface  to  allow  professionals  (i)  to  see  list  of  documents  required  for  their 
application, (ii) to apply for, and obtain from, relevant competent authorities an EPC 
on line; 

2. 
upgrade the involvement of the home Member State in the procedure so as to 
facilitate  the  treatment  of  applications  by  the  host  Member  States  through  the 
mandatory use of the IMI as a back-office functionality by all competent authorities. 
In  order  to  cope  with  its  increased  role  in  the  procedure,  IMI  should  be  further 
developed to support the EPC;  

3. 

facilitate the dissemination of alerts concerning professionals.  

facilitate  the  notifications  of  evidence  of  formal  qualifications  (diplomas)  by 

4. 
the means of IMI.  

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Specific  objective  No  12:  Develop  the  full  potential  of  the  Internal  Market 
Information  System  (IMI)  to  support  improved  implementation  of  single  market 
legislation. 

The use of IMI is mandatory under the Services Directive and will become so under 
the revised Professional Qualifications Directive. The current proposal for the use of 
the IMI System for the issuance and handling of the EPC, an alert mechanism and a 
notification scheme for new diplomas is in line with the Commission policy for the 
future  expansion  of  IMI  to  other  areas  of  Union  law  (as  expressed  in  its 
Communication  ‘Better  governance  of 
through  greater 
administrative  cooperation:  A  strategy  for  expanding  and  developing  the  Internal 
Market 
IMI  Strategy 
(COM(2011)  75 
Communication’).) 

Information  System 

the  Single  Market 

final) 

(‘the 

ABM/ABB activity(ies) concerned 

12/02 01: Mise en oeuvre et développement du marché intérieur 

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55 

   EN 

 
6.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The proposal will provide:  

A  high  level  of  legal  certainty  with  respect  to  the  processing  of  requests  for 

1. 
recognition of professional qualifications of EU citizens by means of IMI; 

A  high  level  of  transparency  as  regards  the  processing  of  requests  for 

2. 
recognition of professional qualifications of EU citizens; 

Facilitation and reduction of the administrative burden by national competent 

3. 
authorities;  

4. 
Cost  savings  by  re-using  and  re-engineering  an  existing  IT  tool  in  new  areas 
instead of developing new single-purpose tools, either at EU or national level so as to 
benefit from economies of scale and of scope;  

Filling  of  gaps  in  the  cooperation  between  Member  States  given  that  the 
6. 
Services Directive already foresees an alert mechanism on many professionals save 
for health professionals where the risk for public health is very significant.  

6.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

The  proposal  will  contribute  to  a  more  effective  application  of  Union  law  in  the 
professional  qualifications  area  and  will  save  IT  development,  maintenance  and 
running costs. 

Its direct impact could be measured using the following indicators: 

- 
the number of professions that would rely on the EPC/IMI mechanism for the 
recognition  of  professional  qualifications  in  the  EU.  In  fact,  the  EPC  is  not  to  be 
introduced or imposed on all regulated professions in an automatic way; 

- 

- 

the number EPC requests taking place by means of IMI on a yearly basis; 

the average speed of the EPC procedure 

the number of competent authorities actively using the system for the exchange 

- 
of information (i.e. not simply registered as users); 

- 

- 

the number of notifications made for new diplomas. 

user satisfaction as measured via surveys. 

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6.5. 

Grounds for the proposal/initiative  

6.5.1.  Requirement(s) to be met in the short or long term  

The proposal will increase the efficiency of the professional qualification recognition 
procedures and the temporary mobility for professionals as only one procedure will 
apply  across  the  board  and  will  be  based  on  a  common  pan-European  IT  platform. 
The EPC/IMI system will apply to professions that have requested to be covered by 
this  novel  process  and  will  be  expanded  progressively  to  additional  professions.  In 
that respect initial costs will be more limited and future expansions will benefit from 
economies of scale.  

In  addition,  the  establishment  of  an  alert  mechanism  for  professionals  barred  from 
practicing needs to be established. 

At the same time, in view of the pre-existence of the IMI system, the new processes 
will ensure a high level of legal certainty with respect to the processing of personal 
data  in  IMI,  in  line  with  the  IMI  Regulation  currently  under  discussion  in  Council 
and European parliament. It will also benefit from economies of scope. 

6.5.2.  Added value of EU involvement 

Given the nature of IMI as a centralised communication tool developed and hosted 
by the Commission, it is clear that it will facilitate the introduction and the smooth 
running  of  the  EPC  issuance  as  well  as  an  efficient  alert  mechanism  between 
Member States. The Commission will offer IMI as a free service to Member States, 
ensuring  maintenance  and  development,  a  helpdesk  and  hosting  the  computing 
infrastructure. These tasks could not be performed in a decentralised manner. 

IMI  overcomes  obstacles  to  cross-border  cooperation,  such  as  language  barriers, 
different administrative and working cultures and the lack of established procedures 
for  information  exchange.  Because  of  the  involvement  of  Member  States  in 
designing  the  system,  IMI  offers  uniform  working  methods  agreed  by  all  Member 
States. 

6.5.3.  Lessons learned from similar experiences in the past 

IMI was launched in 2008. Around 6.700 competent authorities and 11.000 users are 
currently registered in the system. Some 2.000 information exchanges took place in 
2010. 

IMI has been in use in the context of the Professional Qualifications Directive since 
2008.  The  experience  has  been  very  positive,  as  demonstrated  by  the  number  of 
requests  etc.,  and  the  existing  agreement  with  Member  States  to  extend  it  to  all 
professions. There is demand by Member States to use it further at all possible levels 
where close cooperation is seen as indispensible.  

The  reason  for  this  demand  is  the  fact  that  current  recognition  procedures  are  too 
long and  too cumbersone.  In  addition,  an alert mechanism for  health  professions is 
missing.  Addressing  this  lacuna  is  a  request  by  a  majority  of  stakeholders.  Finally, 

EN 

57 

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the effective hadling of a notification system without an IT tool is too complex and 
cumbersome. 

6.5.4.  Coherence and possible synergy with other relevant instruments 

The  Commission  Communication  ‘Better  governance  of  the  Single  Market  through 
greater administrative cooperation: A strategy for expansion and further development 
of  the  Internal  Market  Information  System  (‘IMI’)’  (COM(2011)  75  final)  set  out 
plans for the future expansion of IMI to other areas of EU law. 

The  Commission  Communication  'A  Single  Market  Act'  stressed  the  importance 
efficient  recognitions  of  professional  qualifications  and  the  creation  of  a  European 
Professional  Card27.  As  to  an  alert  mechanism,  the  Services  Directive  (Directive 
2006/123/EC) already foresees alert obligations for certain but not all professionals 
providing  professional  services.  The  most 
important  gap  concerns  health 
professionals to whom the Services Directive does not apply.  

Access  to  the  public  interface  for  requests  for  European  Professional  cards  can  be 
given, inter alia, via the Points of Single Contact.  

27 

See footnote 6 above 

EN 

58 

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6.6. 

Duration and financial impact  

(cid:133) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from 2013 to 2014, 

–  followed by full-scale operation. The hosting, operational and maintenance costs 

are included in the relevant costs for the operation of the IMI System. 

6.7.  Management mode(s) envisaged28  

(cid:133) Centralised direct management by the Commission  

7. 

MANAGEMENT MEASURES  

7.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The Commission produces an annual report on the development and performance of 
IMI. In that respect, the use of IMI for EPC requests, alerts and diploma notifications 
will  be  adequately  reported.  In  addition,  a  report  on  IMI  data  protection  issues, 
including  security,  will  be  submitted  to  the  European  Data  Protection  Supervisor 
periodically.  

7.2.  Management and control system  

7.2.1.  Risk(s) identified  

One of the main characteristics of the proposal is that the EPC, the alert mechanism 
and  the  declaration  will  be  based  on  IMI  functionalities.  The  Commission  is  the 
‘system  owner’  of  IMI,  and  responsible  for  its  daily  operation,  maintenance  and 
development.  Operational  risks  in  that  respect  have  already  been  identified  in  the 
context of the IMI operation and in the proposal for an IMI Regulation. 

In  addition  to  the  operational  risks  identified  above,  additional  risks  could  be  the 
non-adoption  by  professions  and  professionals  of  the  EPC  facility.  In  other  words, 
the  risk  that  the  EPC  is  fully  developed  and  operational  but  meets  with  little  or  no 
demand. Further, competent autthorities might find adaptation difficult and might not 
provide adequate ressources to process requests properly and in a timely fashion. 

The  introduction  of  the  European  Professiona  Card  and  an  alert  mechanism  also 
raises  data  protection  issues,  including  the  treatment  of  unjustified  alerts.  A  sound 
new legal framework also requires careful daily management. 

28 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the 
BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 

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7.2.2.  Control method(s) envisaged  

As  to  the  aspects  of  the  EPC,  the  alert  mechanism  and  the  declarations  that  are 
dependend upon the operation of IMI, these have to be considered in the context of 
the IMI operation and the draft IMI regulation.  

Addressing  the  remaining  risks  as  identified  under  section  2.2.1  above,  the 
Commission will provide assistance (e.g., workshops, etc.) to all stakeholders (e.g., 
Member  States  authorities,  professional  bodies  etc.)  and  actively  promote  the 
introduction and attractivity of the new system. 

7.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

For  the  purposes  of  combating  fraud,  corruption  and  any  other  illegal  activity,  the 
provisions  normally  applicable  to  the  activities  of  the  Commission,  including 
Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 
May  1999  concerning  investigations  conducted  by  the  European  Anti-Fraud  Office 
(OLAF), will apply in the context of IMI without any restriction. 

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8. 

8.1. 

Heading of 
multiannual 
financial 
framework 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

•  Existing expenditure budget lines  

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

DA/NDA 
(29) 

from 
EFTA30 
countries 

from 
candidate 
countries31 

from third 
countries 

within the 
meaning of Article 
18(1)(aa) of the 
Financial 
Regulation  

1A 

1A 

1A 

12.02.01 

Implementation  and  development  of 
the Internal Market 

12.01.04 

Implementation  and  development  of 
the  Internal  Market  –  Expenditure  on 
administrative management 

26.03.01.01 

Interoperability 
European 
(ISA) 

for 
Solutions 
Public  Administrations 

DA 

YES 

NO 

NO 

NO 

NDA 

YES 

NO 

NO 

NO 

DA 

YES 

YES 

NO 

NO 

29 
30 
31 

DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

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8.2. 

Estimated impact on expenditure  

8.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

1B 

Implementation and development of the Internal Market 

DG: <…….> 

(cid:121) Operational appropriations  

12.02.01 

TOTAL appropriations 
for DG MARKT 

Year 
2013 

Year 
2014 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

=1+1a 
+3 

=2+2a 

+3 

362.500  362.500 
362.500  362.500 

362.500  362.500 

362.500  362.500 

EUR (to 3 decimal places) 

TOTAL 

725.000 
725.000 

725.000 

725.000 

The present proposal and the relevant development costs is expected to come into force in 2013 and to extend into 2014.  

For details on the IMI general funding, please refer to the finacial statement attached to the proposal for a Regulation of the European Parliament 
and of the Council on administrative cooperation through the internal Market information System ("the IMI Regulation") (COM(2011) 522final. 
In this context, the possibility to finance development costs through the ISA program will be examined. 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope for specific programmes  

362.500  362.500 

362.500  362.500 

(4) 

(5) 

(6) 

TOTAL appropriations  

Commitments 

=4+ 6 

362.500  362.500 

725.000 

725.000 

725.000 

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under HEADING 1A 
of the multiannual financial framework 

Payments 

=5+ 6 

362.500  362.500 

725.000 

8.2.2.  Estimated impact on operational appropriations  

–  (cid:133)  The proposal/initiative requires the use of operational appropriations, as explained below: 

Year 
2013 

Year 
2014 

Year 
N+2 

Year 
N+3 

… enter as many years as necessary to show the 
duration of the impact (see point 1.6) 

TOTAL 

OUTPUTS 

Commitment appropriations in EUR (to 3 decimal places) 

Type of 
output32 

Average 
cost  
of the 
output 

Number
of 
outputs 

Cost 

Number
of 
outputs 

Cost 

Number
of 
outputs 

Cost  Number 

Cost  Number

Cost  Number

Cost  Number

Cost 

of 
outputs 

of 
outputs 

of 
outputs 

of 
outputs 

Total  
cost 

Total 
number 
of 
outputs 

Indicate 
objectives 
and 
outputs  

(cid:216) 

SPECIFIC OBJECTIVE No 1 
Increased transparency  

- Output 

Public 
interface 

380.000 

190.000

190.000

Sub-total for specific objective N°1 

190.000

190.000

SPECIFIC OBJECTIVE No 2 Back-
office functionality  

- Output 

Back-office 
functionality 

124.000 

 62.000 

62.000 

Sub-total for specific objective N°2 

62.000 

62.000 

SPECIFIC OBJECTIVE No 3 Alert 

380.000 

380.000 

124.000 

124.000 

32 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 

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mechanisms  

- Output 

Alert 
mechanism 

 160.000 

80.000 

80.000 

Sub-total for specific objective N°3 

80.000 

80.000 

SPECIFIC OBJECTIVE No 4 
Notification facilities … 

- Output  Notification 

 61.000 

 30.500 

30.500 

facilities 

Sub-total for specific objective N°4 

30.500 

30.500 

TOTAL COST 

362.500

362.500

160.000 

160.000 

61.000  

61.000  

725.000 

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8.2.3.  Estimated impact on appropriations of an administrative nature 

8.2.3.1.  Summary  

–  (cid:133)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

8.2.3.2.  Estimated requirements of human resources  

–  (cid:133)  The proposal/initiative does not require the use of human resources  

8.2.4.  Compatibility with the current multiannual financial framework  

–  (cid:133)  Proposal/initiative  is  compatible  with  the  current  multiannual  financial 

framework (2013). 

–  Proposal/initiative  is  compatible  the  future  (2014-2020)  multiannual  financial 
framework.  The  proposal  will  be  covered  by  allocations  already  foreseen  under 
the internal market budget line. Concerning exercise 2013 the appropriations are 
included  in  the  official  financial  programming  of  the  Commission;  concerning 
2014 and following years they are included in the proposal of the Commission for 
the next Multiannual Financial Framework. 

8.2.5.  Third-party contributions  

–  The proposal/initiative does not provide for co-financing by third parties  

8.3. 

Estimated impact on revenue  

–  (cid:133)  Proposal/initiative has no financial impact on revenue.  

EN 

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