Commission Implementing Regulation (EU) 2020/1190 of 11 August 2020 correcting Implementing Regulation (EU) 2015/983 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council (Text with EEA relevance)
Date: 2020-08-11
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: administrative cooperation, freedom to provide services, nursing staff, paramedical profession, personal data, real estate business, recognition of diplomas, recognition of vocational training qualifications, right of establishment, tourist profession




L_2020262EN.01000401.xml










12.8.2020   


EN


Official Journal of the European Union


L 262/4








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1190
of 11 August 2020
         
correcting Implementing Regulation (EU) 2015/983 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1), and in particular Article 4a(7) thereof,

Whereas:







(1)


Under Article 20(1) of Commission Implementing Regulation (EU) 2015/983 (2), for establishment and for the temporary and occasional provision of services pursuant to Article 7(4) of Directive 2005/36/EC the competent authority of the host Member State must first take one of a number of decisions. Among them is a decision to extend the validity of the European Professional Card (EPC).












(2)


However, Article 7(4) of Directive 2005/36/EC only applies to situations where services are to be provided for the first time. In the context of Article 20(1) of Implementing Regulation (EU) 2015/983, a decision to extend the validity of the EPC is therefore not relevant.












(3)


Implementing Regulation (EU) 2015/983 should therefore be corrected accordingly.












(4)


The measure provided for in this Regulation is in accordance with the opinion of the Committee on the recognition of professional qualifications referred to in Article 58(1) of Directive 2005/36/EC,





HAS ADOPTED THIS REGULATION:



Article 1
In Article 20 of Implementing Regulation (EU) 2015/983, paragraph 1 is replaced by the following:


‘1.   For establishment and for the temporary and occasional provision of services pursuant to Article 7(4) of Directive 2005/36/EC, the competent authority of the host Member State shall take either a decision to issue the EPC, a decision to refuse to issue the EPC or a decision to apply compensation measures pursuant to Article 7(4), fourth subparagraph, or Article 14 of Directive 2005/36/EC.’




Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2020.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 255, 30.9.2005, p. 22.

(2)  Commission Implementing Regulation (EU) 2015/983 of 24 June 2015 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council (OJ L 159, 25.6.2015, p. 27).