REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market information System ('the IMI Regulation')
Date: 2018-05-07
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: European Commission, administrative cooperation, delegated legislation, delegation of power, mutual recognition principle, powers of the institutions (EU), professional qualifications, recognition of diplomas, recognition of vocational training qualifications

EN 

  EN 

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

THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Directive 2013/55/EU of the European Parliament and of the Council of 20 
November 2013 amending Directive 2005/36/EC on the recognition of professional 
qualifications and Regulation (EU) No 1024/2012 on administrative cooperation 
through the Internal Market information System ('the IMI Regulation') 

1.  

INTRODUCTION 

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on 
the  recognition  of  professional  qualifications1  consolidated  the  mutual  recognition  regime 
which was based on 15 Directives.  

In its Communication of 27 October 20112, the Commission identified the need to modernise 
Union  law  in  this  area.  This  resulted  in  the  adoption  of  Directive  2013/55/EU3  on  20 
November 2013. 

For  the  purpose  of  achieving  its  objectives,  Directive  2013/55/EU  amending  Directive 
2005/36/EC  confers  on  the  Commission  the  power  to  adopt  delegated  acts  in  a  number  of 
matters listed in Article 57c(2) of Directive 2005/36/EC ("the Directive") and subject to the 
conditions laid down in this Article, in accordance with Article 290 TFEU. 

2.  

LEGAL BASIS 

Article  57c(2)  of  Directive  2005/36/EC  as  amended  by  Directive  2013/55/EU  confers  the 
power on the Commission to adopt delegated acts concerning the matters listed therein for a 
period  of  five  years  from  17  January  2014.  Furthermore,  it  puts  the  Commission  under  the 
obligation to prepare a report in respect of the delegation of power at the latest nine months 
before the end of the five-year period. 

The  delegated  powers  shall  be  tacitly  extended  for  five-year  periods,  unless  the  European 
Parliament or the Council opposes such extension not later than three months before the end 
of each period. 

The power to adopt delegated acts is conferred on the Commission subject to the conditions 
laid  down  in  Article  57c  of  Directive  2005/36/EC  as  amended  by  Directive  2013/55/EU.  It 
may be revoked at any time by the European Parliament or by the Council.  

1 OJ L 255, 30.09.2005, p.22 

2 Single Market Act, Twelve levers to boost growth and strengthen confidence, 'Working together to create 
new growth', COM (2011)206 final 

3 OJ L 354, 28.12.2013, p. 132 

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Article 57c(2) of Directive 2005/36/EC as amended by Directive 2013/55/EU empowers the 
Commission to adopt delegated acts concerning, in particular,  the following matters: 

a)  updating  of  titles  for  evidence  of  formal  qualifications  and,  where  appropriate,  the 
body  which  issues  said  evidence,  the  certificate  which  accompanies  it  and  the 
corresponding  professional  title  which  are  referred  to  in  points  5.1.1  to  5.1.4,  5.2.2, 
5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V; 

b)  updating  of  minimum  training  requirements  established  under  the  Directive  for  six 

professions; 

c)  Establishing common training frameworks or common training tests. 

As  soon  as  the  Commission  adopts  a  delegated  act,  it  shall  notify  it  simultaneously  to  the 
European Parliament and to the Council (Article 57c (4) of Directive 2005/36/EC as amended 
by Directive 2013/55/EU). 

Under  Article  57c(5)  of  Directive  2005/36/EC  as  amended  by  Directive  2013/55/EU,  a 
delegated  act  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. 

3. 

EXERCISE OF THE DELEGATION 

3.1 Delegated acts already adopted 

The Commission has exercised the following delegated powers in the reference period:  

On the basis of Article 21a(4) of Directive 2005/36/EC as amended by Directive 2013/55/EU, 
two  Commission  Delegated  Decisions  have  been  adopted  amending  Annex  V  to  Directive 
2005/36/EC as regards evidence of formal qualifications (see point 2.a) above).  

The  first  Delegated  Decision  amending  Annex  V  to  incorporate  modifications  of  national 
diplomas in the sectorial professions which Member States had notified to the Commission 
was  adopted  on  13  January  20164  and  the  second  Delegated  Decision  was  adopted  on  1 
December 20175.  

4 OJ L134, 24.05.2016, p. 135 

5 OJ L 317, 1.12.2017, p. 119 

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3.2 Consultation prior to adoption 

In line with its commitments in the Interinstitutional Agreement on Better Law-Making6 the 
Commission  consulted  experts  nominated  by  Member  States  and  relevant  stakeholders,  via 
regular  dedicated  expert  meetings  and  written  consultations,  in  the  preparation  of  the 
delegated acts.  

The  expert  group  involved  in  the  preparation  of  the  delegated  acts  was  the  Group  of 
Coordinators  on  the  recognition  of  professional  qualifications,  as  created  by  Commission 
Decision  of  19  March  20077.  The  observations  presented  in  these  consultations  were  taken 
into consideration when preparing the final versions of delegated acts. 

The  documents  relevant  to  these  consultations  were  transmitted  simultaneously  to  the 
European  Parliament  and  to  the  Council,  and  both  institutions  had  the  opportunity  to  send 
experts to the meetings of the expert group. 

3.3 No objections to delegated acts 

According to Article 57c(5) of Directive 2005/36/EC as amended by Directive 2013/55/EU, 
the European Parliament or the Council may object to a delegated act within a period of two 
months from the date of notification, extendable by another two months at the initiative of the 
European  Parliament  or  of  the  Council.  If  either  the  European  Parliament  or  the  Council 
objects to a delegated act within this period, it shall not enter into force. 

Neither  the  European  Parliament  nor  the  Council  objected  to  any  of  the  delegated  acts 
mentioned  under  section  3.1.  above  and  the  delegated  acts  were  therefore  published  and 
entered into force at the end of the objection period. 

3.4 Possible future delegated acts 

Further delegated acts will have to be adopted regularly on the basis of Article 21a(4) in order 
to amend Annex V of Directive 2005/36/EC as regards evidence of formal qualifications. The 
Commission services are currently preparing the third Delegated Decision. 

In  addition,  the  Commission  services  are  working  on  a  possible  delegated  Regulation 
establishing a common training test for ski instructors under Article 49b of the Directive. 

4.  

CONCLUSION 

The  Commission  considers  that  it  has  exercised  the  delegated  powers  conferred  upon  it 
within  the  limits  and  in  respect  of  the  conditions  laid  down  in  Article  57c  of  Directive 
2005/36/EC as amended by Directive 2013/55/EU. The Commission sees the need to extend 

6 OJ L 123,  12.05.2016 

7 OJ L79, 20.03.2007, p. 38 

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the  empowerments  because  further  delegated  acts  amending  amongst  others  Annex  V  of 
Directive  2005/36/EC  as  regards  evidence  of  formal  qualifications  will  be  required  in  the 
future.  With  this  report  the  Commission  complies  with  the  reporting  requirement  under 
Article  57c(2)  of  Directive  2005/36/EC  as  amended  by  Directive  2013/55/EU.  The 
Commission invites the European Parliament and the Council to take note of this Report. 

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