Some weeks ago, the European Commission has brought before the EU Parliament and Council a legislative ( Directive) proposal bringing important changes to the way professional qualifications are mutually recognised by Member States across the Union. The text can be consulted by clicking on https://employment-social-affairs.ec.europa.eu/document/3dd280d9-8a49-4f32-a992-515a97afb212_en
These are our first observations:
- The controversial European Professional Card, introduced by then Commissioner Michel Barnier and criticized by the Court of Auditors in its Report, is gone. It is replaced by the European Digital Recognition Solution (EDRS). EDRS is going to be established and maintained by the European Commission and it shall provide a platform for the submission of declarations and for applications for recognition of professional qualifications. This new tool is expected to build on and interoperate with the Internal Market Information System (IMI) in order to facilitate secure communication between applicants and competent authorities. The Commission shall ensure that EDRS is designed to support competent authorities in their work to assess applications and to take decisions on recognition, including in what regards the verification of authenticity of evidence.
- The new Directive introduces deadlines for each step of the procedure of recognition, from the submission of application till the final decision. This is not provided for by the currently applying Directive which had provisions only about the overall duration of the procedure. The new provisions substantially reduce the duration of the procedure both for the automatic recognition system and for the general one.
- The new Directive obliges competent authorities of the Member States to require SOLELY the documents and certificates listed in Annex VII, an obligation that is not present in the currently applying text. Host Member States, in cases of justified doubts, 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 their professional activities as a result of serious professional misconduct or conviction of criminal offenses relating to the pursuit of these activities. It is provided that Member States are obliged to accept documents in any of the official languages of the EU. Provisions for fees and charges are also included.
- In Article 59 of the new Directive, it is stated that the Commission shall set up and maintain a publicly available database of regulated professions, including a general description of the activities covered by these professions.In that context, Member States are required to notify to the Commission a list of their own regulated professions, specifying their activities. Requirements restricting the access to a profession or its pursuit to the holders of a specific professional qualification must be compatible with a number of principles that include overriding reasons of general interest. Attention: very important: The national coordinators will be now required to work much more closely with the Commission, which shall adopt an annual work programme for them, including expected outputs, together with relevant preparatory documents publicly available. This seriously upgrades the importance of the Group of Coordinators and gives the Commission a more important role in the monitoring of the application of the Directive.
- There are provisions establishing a more equal treatment between applicants that are EU nationals and applicants who are not. New rules for the recognition of the qualifications obtained outside the EU are introduced.
- Common Training Frameworks (CTF) are maintained. In the whereas it is mentioned that the Group of Coordinators should also serve as a forum for outreach to and exchange with professionals, their representative organisations and social partners. A huge change from the current situation where contacting a member of the Group is almost impossible in some Member States. It is stated that the Group should contribute to “identifying emerging common sets of knowledge, skills and competences, assessing needs and expectations in the professions, and exploring opportunities for the development of CTFs in accordance with the Directive”.
Of course this text will be amended by the Members of the European Parliament after the discussions that will be held within the different parliamentary committees. EurEta will keep you posted on evolutions. Do come back to us with your first reaction to the text.