Professionals in the EU Single Market can move across borders and practice their occupation or provide services in another Member States. The EU has put rules in place to make it easier for professionals, such as doctors or architects, to have their professional qualifications recognised in another Member State. The Professional Qualifications Directive (Directive 2013/55/EU) was modernised in 2013 and had to be transposed into national law by 18 January 2016 according to the press release of European Commission.
The Commission sent at the beginning of March reasoned opinions to 24 Member States (Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom) and complementary letters of formal notice to 2 Member States (Estonia and Latvia) regarding the non-compliance of their national legislation and legal practice with EU rules on the recognition of professional qualifications (Directive 2005/36/EC as amended by Directive 2013/55/EU).
The reasoned opinions and supplementary letters of formal notice cover issues crucial for the functioning of the Professional Qualifications Directive, in particular:
- European professional card: Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Finland, France, Hungary, Italy, Portugal, Romania, Slovakia, Slovenia and Sweden;
- alert mechanism: Austria, Belgium, Croatia, Denmark, Estonia, France, Germany, Latvia, Malta, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden;
- possibility to have partial access to a professional activity: Austria, Belgium, Croatia, Denmark, Estonia, France, Germany, Hungary, Latvia, Malta, Poland, Slovakia, Slovenia and Sweden;
- proportionality of language requirements: Belgium, Bulgaria, Croatia, Germany, Poland, Romania and Slovakia
- setting up of assistance centres: France, Hungary, Italy and Portugal
- transparency and proportionality of regulatory obstacles: Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
These issues were also mentioned in a Communication from January 2017 on reform recommendations for regulation in professional services.
All Member States concerned have now two months to respond to the arguments put forward by the Commission. Without a satisfactory response, the Commission may decide to address a reasoned opinion to Estonia and Latvia, and to refer the other 24 Member States to the Court of Justice of the EU.
The Directive applies in general to regulated professions such as nurses, doctors, pharmacists or architects. Exceptions are professions governed by specific EU directives such as auditors, insurance intermediaries, air traffic controllers, lawyers and commercial agents. The Directive also sets rules for temporary mobility, establishment in another EU country, various systems of recognition of qualifications, and checks for knowledge of languages and professional academic titles.
For further information: Key decisions in the March 2019 infringements package