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1 DRAFT Proposed amendments by ETUC, ETUCE, EPSU, EUROCADRES on MS VERGNAUD’s Draft report on the amendments on the Directive on Recognition of Professional Qualification (2005/36/EC) Our position Number of amendmen t in the report Number of Article in the Directive Proposed amendment by Ms Vergnaud Proposed amendment by ETUC, ETUCE, EPSU, EUROCADRES Our reasons We request an insertion 1. CONTEXT AND AIM OF THE PROPOSAL / 1.1. General context/pa ragraph 2 “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. The Directive would also contribute non-national employees having obtained their recognition to receive equal and fair treatment at the workplace as the national employees.” The modernization of the Directive and facilitation of provision of recognition of qualifications should contribute to reduce the illegal work of those who at the moment have to wait long for receiving their recognition in the host country. Furthermore, these people should get equal and fair treatment at the workplaces working under same conditions as national employees. We request an insertion 1. CONTEXT AND AIM OF THE PROPOSAL / 1.1. General context/Pa ragraph (8) 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 Teaching and provision of any educational services in the formal education are under national competence and the Directive should not jeopardize this.

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DRAFT Proposed amendments by ETUC, ETUCE, EPSU, EUROCADRES on MS VERGNAUD’s Draft report on the amendments on the Directive on Recognition of Professional Qualification

(2005/36/EC)

Our position

Number of amendment in the report

Number of Article in the Directive

Proposed amendment by Ms Vergnaud

Proposed amendment by ETUC, ETUCE, EPSU, EUROCADRES

Our reasons

We request an insertion

1. CONTEXT AND AIM OF THE PROPOSAL/ 1.1. General context/paragraph 2

“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. The Directive would also contribute non-national employees having obtained their recognition to receive equal and fair treatment at the workplace as the national employees.”

The modernization of the Directive and facilitation of provision of recognition of qualifications should contribute to reduce the illegal work of those who at the moment have to wait long for receiving their recognition in the host country. Furthermore, these people should get equal and fair treatment at the workplaces working under same conditions as national employees.

We request an insertion

1. CONTEXT AND AIM OF THE PROPOSAL/ 1.1. General context/Paragraph (8)

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

Teaching and provision of any educational services in the formal education are under national competence and the Directive should not jeopardize this.

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Member States in this field, including a national policy for implementing the European Qualifications Framework. Accordingly, the qualification of teachers and educational employees has to be recognised in conjunction with the national requirements on teaching and on the provision of educational services of the host country.

We request an insertion

1. CONTEXT AND AIM OF THE PROPOSAL/ 1.1. General context/Paragraph (10) and accordingly: Paragraph (17), Art.3/1/k,Art.4/1, Art. 4.a/1, Art.4.a/4 and 8, Art. 4c/3, Art. 4.e/5 (3 times),Art.5 paragraph 1/b, Art.7 paragraph

“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/her 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/her situation and to seek legal scrutiny […]””

It is essential that the Directive mentions both sexes thorough the text, which lacks at least in 23 cases in the Amendment of the Directive.

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4 (twice), Art.8 paragraph 1, Art.11.d and e, Art.14 paragraph 1,5, 6d and 6e, Art.50/3a

We request a correction

Amendment 3

Recital 12 (12) The system of automatic recognition on the basis of harmonised (the word minimum was erased) 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.

(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.

The expression “minimum training requirements” refers to the subsidiarity principle of the countries to decide their educational requirements and agree with others on minimum requirements on certain professions. Therefore, cancellation of the word “minimum” jeopardizes the national competence in education. Therefore, we request to use the original expression.

We request a correction

Amendment 6

Recital 17 (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 (the word minimum was erased)

(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

See our reasons at Amendment 3

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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 (the word minimum was erased) training conditions should be flexible enough to avoid unduly restricting the ability of Member States to organise their education systems.

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

We support

Amendment 9

Recital 22 (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 requests for information but also alert other Member States in a proactive manner. Such an 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 professionals due to a disciplinary action or criminal conviction are stripped of their right to pursue a profession, or if they have used or attempted to use forged documents in their application for recognition of

(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 requests for information but also alert other Member States in a proactive manner. Such an 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 professionals due to a disciplinary action or criminal conviction are stripped of their right to pursue a profession, or if they have used or attempted to use forged documents in their application for recognition of qualifications. This alert should be activated immediately through the

We strongly support the insertions as they make stronger the text on the alert mechanism. At the same time we require that the Directive mentions both sexes thorough the text.

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qualifications. This alert should be activated immediately 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 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.

IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or of whether he/she has applied for recognition of his/her 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.

We support

Amendment 10

Recital 24

(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

(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

We strongly support the insertions as we think that it is essential to consult with the social partners on the fees and technicalities of the European Professional Card. However, we would like to propose a stronger text on the involvement of the social partners.

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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, for example with national authorities, professional bodies, representatives of academia and social partners. 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.

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, for example with national authorities, professional bodies, representatives of academia and social partners. 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.

We support

Amendment 13/2 insertion

Article 2 – paragraph 1

2. Each Member State may permit Member State nationals in possession of evidence of professional qualifications not obtained in a Member State to pursue a regulated profession within the meaning of Article 3(1)(a) on its territory in accordance with its rules. In the case of professions covered by Title III, Chapter III, this initial recognition shall respect the ... training conditions laid down in that Chapter.

We strongly support the initiative, as it opens more possibility for EU citizens to obtain their qualifications in non-EU countries.

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We support

Amendment 15 - insertion

Article 3 – paragraph 1 – point h

The detailed application of the aptitude test and the status, in the host Member State, of the applicant who wishes to prepare himself for the aptitude test in that State shall be determined by the competent authorities in that Member State;

We support this insertion, and it strengthens the competences of the national Competent Authorities.

We request a correction

Amendment 17

Article 3/paragraph 1/l

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

(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, in terms of knowledge, skills and professional ethics.

As far as we are concerned, the Directive should mention here the approved and generally used definition of lifelong learning. Lifelong learning is an approach towards learning in all forms of education and as education should not aim only employment in one single profession, professional ethics should not be part of the definition of lifelong learning. We propose to use the generally accepted definition on lifelong learning. According to the Lifelong Learning Programme 2007-2013 – Glossary”: “This [Lifelong Learning] refers to 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 within a personal, civic, social and/or employment-related perspective. It includes the provision of counselling and guidance services”. See: http://ec.europa.eu/education/programmes/llp/guide/glossary_en.html

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We request an insertion

professional competence and ethics:

We request an insertion

Article 4a/1 and thorough Article 4.

“In case the profession is regulated, Member States shall provide a holder of a professional qualification with a European Professional Card upon his/her request and on condition that the Commission has adopted the relevant implementing acts provided for in paragraph 6.”

We are concerned that the professional card for the non-regulated professions will not facilitate the recognition procedure. Issuing professional card by the home country based on non-regulated education or non-regulated profession would not simplify the recognition of the profession in the host country as not reliable information will be delivered from the home country to the host country. We require also that the Directive mentions both sexes thorough the text

We request a correction

Amendment 20

Article 4a/6

6. The Commission shall adopt implementing acts establishing European Professional Cards to be issued to specific professions where they request them, 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.

The Commission shall adopt implementing acts establishing European Professional Cards to be issued to specific professions, where they request them following the request of the European social partners and professional associations representing the sectoral 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

While we support the changes of the rapporteur, we would like to propose a clearer text, which highlights more the role of the social partners.

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adopted in accordance with the advisory procedure referred to in Article 58. The Commission shall consult Competent Authorities and European and national level social partners and professional associations representing the sectoral professions of the related professions on the precise technicalities of the cards of specific professions.

We request an insertion

Amendment 21

Article 4a/7

7. Any fees which applicants may incur in relation to administrative procedures to issue a European Professional Card shall be reasonable, proportionate and 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, and shall, in any event, be of an amount comparable to the fees required under the procedures provided for in Titles II and III of this Directive. If these principles are not observed, 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.

7. Any fees which applicants may incur in relation to administrative procedures to issue a European Professional Card shall be reasonable, proportionate and commensurate with the costs incurred by the home and host Member States, it shall not be delivered as a commercial activity and shall not act as a disincentive to apply for a European Professional Card, and shall, in any event, be of an amount comparable to the fees required under the procedures provided for in Titles II and III of this Directive. If these principles are not observed, 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.

European Union is still struggling with the economic and financial crises. We believe that mainly those will benefit from the card who cannot find employment opportunities anymore in their home country. Thus, in order to increase mobility to countries, the cost of the card for the applicants should be limited. Issuing the European Professional Card should not be a commercial activity to generate income to the issuing body not least to prevent from the conflict of interest.

We support

Amendment 22

Article 4 b – paragraph 3

3. The competent authority of the home Member State shall acknowledge receipt of the application and inform the applicant of any missing document within three days of submission of the application. It shall create a file of the application containing all supporting documents, which must be certified as valid, within the Internal Market

We strongly support the second insertion as it makes clearer the recognition procedure.

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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.

We request an insertion

Article 4b/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 examination procedure referred to in Article 58.”

The "advisory procedure" would imply that the Commission only need to consult with the Member States in the framework of the Committee on the Recognition of Professional Qualification indicated in Art. 58, while "examination procedure" would mean that national representatives would have an active role in examining the application and take a decision on the technical specifications of the card, the measures necessary to ensure integrity, confidentiality and accuracy of information the card contains.

We support

Amendment 23

Article 4 c - title

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

The social partners are very satisfied with the insertion as temporary service must differ from occasional one.

We request an insertion

Article 4c/1

(Insertion 1) In sectors others than health and social care, the competent authority of the home Member State shall verify the application, create and validate a European Professional Card […].

(Insertion 1): A relaxation of rules, short deadlines for competent authorities and a lighter regime for health professionals providing services temporarily in another country, also if this is being done by means of an EPC, would not be in line with the objective of guaranteeing a maximum of patient

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health and safety.

We support

Amendment 24

Article 4c/1

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

We strongly support to oblige the temporary and occasional providers to an annual declaration instead of biannual.

We request an insertion

Article 4c/1

(Insertion 2) The competent authority must ensure the prior check of the complete application of the professional for temporary provision of service whether his/her qualifications are in conjunction with the national requirements of the host country on qualifications to provide the same service.

(Insertion 2) In order to avoid the Directive to create loophole on the national legislations, the social partners urge the relevant European Union institutions to make sure that the applications for temporary and occasional provision of service are checked up by the host competent authorities before providing permit to work under the temporary regime. This was proposed in the 2005 Directive but explained differently in the 2011 amendments.

We support

Amendment 26

Article 4 c –

3. If a holder of a European Professional Card wishes to provide services in

3. If a holder of a European Professional Card wishes to provide services in Member States

We strongly support to oblige the temporary and occasional providers to

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and request an insertion

paragraph 3

Member States other than those initially informed pursuant to paragraph 1 or wishes to continue providing services beyond the one-year period 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 to the host Member State concerned.

other than those initially informed pursuant to paragraph 1 or wishes to continue providing services beyond the one-year period referred to in paragraph 1, he/she 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 to the host Member State concerned, which shall examine the application.

an annual declaration instead of biannual because it does not jeopardizes the national competence of the host country. We also support that the host country should receive the declaration, but we request that the declaration should be examined by the host Member States, whether the qualifications are in conjunction with the national requirements of the certain profession.

We support

Amendment 27

Article 4 d - title

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

The social partners are very satisfied with the insertion as temporary service must differ from occasional one.

We request an insertion

Article 4d/ 1.

In sectors others than health and social care, upon receipt of a complete application for a European Professional Card, the 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.

As above related to Art. 4c, 1.

We support

Amendment 31

Article 4 d – paragraph 5

5. The host Member State shall acknowledge receipt of an application for validation of the European Professional Card within a period of five days. 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 five weeks from the date of receipt of the European

We strongly support the insertion that in case the Member States has delay in providing recognition, the Card would be approved automatically as a temporary one. This insertion maintains the national competence on validating the card.

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Professional Card by the home Member State, the European Professional Card shall be deemed to be temporarily validated by the host Member State and to constitute temporary recognition of the professional qualification to the regulated profession concerned in the host Member State.

We support

Amendment 32

Article 4 e – paragraph 1

1. The competent authorities of the home and the host Member States shall 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 shall 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 immediately of any updates by the competent authorities concerned.

We strongly support the insertion.

We support and request for insertion

Amendment 33

Article 4 e – paragraph 5

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

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/her file within the IMI system upon request and that he/she is informed of this right at the time of issuing the European Professional Card, and reminded of it every year after the issuance of his/her European Professional Card.

We strongly support that the renewal of the card would be annual and not biannual. At the same time we require that the Directive mentions both sexes thorough the text.

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We request an insertion

Article 4e/7

“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 examination procedure referred to in Article 58.”

Similarly to Article 4b/4, we believe that the "advisory procedure" would imply that the Commission only need to consult with the Member States in the framework of the Committee on the Recognition of Professional Qualification indicated in Art. 58, while "examination procedure" would mean that national representatives would have an active role in examining the application and take a decision on the technical specifications of the card, the measures necessary to ensure integrity, confidentiality and accuracy of information the card contains.

We request an insertion

Article 4f/1 The competent authority of the host Member State shall grant partial access to a professional activity in its territory, after consulting with the relevant national social partners and professional associations representing the sectoral professions of the sector the profession of the applicant belongs to, provided that the following conditions are fulfilled:

Competent Authorities should involve the national social partners and professional associations representing the sectoral professions whenever they make a decision on providing partial access to professionals of sectors, which national social partners and professional associations representing the sectoral professions represent.

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We request an insertion

Article 4f/ 2.

The concept of partial access does not apply to the sectoral professions falling under the regime of automatically recognised professions and for health professions in general.

We oppose the introduction of partial access for the sectoral professions falling under the regime of automatically recognised professions as provision of recognition of qualifications is based on harmonized minimum requirements for these professionals. The same holds for health professions in general due to the reasons of patience safety. Therefore, we reject the case-by-case approach suggested by the proposal. We favour and ask for a blanket exemption of health professions for which any reference “to overriding reasons of general interest, such as public health” – as currently phrased in art. 4f, 2. –, would also not be needed any more. The derogation we request should therefore apply to all professions notified to the Commission as carrying a health and safety risk, in particular to the sectoral professions and specialist professions, not to individuals on a “case by case” basis, as it is impossible for regulators to know exactly what activities an individual will perform in order to assess the level of risk to the public.

We support

Amendment 34

Article 4 f – paragraph 2

2. Member States may refuse to apply the principle of partial access to certain professions if such rejection is justified by an overriding reason of general interest, it would secure the attainment of the objective pursued and it would not go

We strongly support that the rejection of granting partial access can be based on “general interest”, which cannot be narrowed down to “public health”.

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beyond what is strictly necessary.

We request an insertion

Article 4f/3 Applications for establishment in the host Member State shall be examined in accordance with Chapters I and IV of Title III by the competent authorities after consulting with the relevant national social partners and professional associations representing the sectoral professions in case of establishment in the host Member State.

Competent Authorities should involve the European social partners and national social partners and professional associations representing the sectoral professions whenever they make a decision on providing partial access to professionals of sectors, which national social partners and professional associations representing the sectoral professions represent.

We support and request for insertion

Amendment 35

Article 5 – paragraph 1 – point b subparagraph 1

(b) where the service provider moves, if he has pursued that profession on a full-time basis 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.

(b) where the service provider moves, if he/she has pursued that profession on a full-time basis 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.

We strongly support the insertion. At the same time we request that the Directive mentions both sexes.

We support

Amendment 37

Article 5 – paragraph 2 – subparagraph 2 – point a a (new)

(aa) In paragraph 2, the second subparagraph is replaced by the following: The temporary and occasional nature of the provision of services shall be assessed case by case, in particular in relation to its duration, its frequency, its regularity and its continuity, and service providers may not carry out more than 50 % of their regular annual activity in the host Member State.

We are very satisfied that the rapporteur intends to insert a definition of temporary and occasional mobility and that allows to the Competent authorities to assess the applications in this regime case by case. It is essential that the temporary and occasional regime should not create a loophole on the legislations of the Member States on requirement of qualifications in professions.

We request a correction

Art. 7, 4. 1

st

paragraph, 2

nd

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

To ensure a maximum of patient safety and health all damage to the health and safety of the service recipient has to be avoided, not only serious

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sentence qualification of the service provider and where this does not go beyond what is necessary for that purpose.

damages.

We request an insertion

Art. 7, 4. 3

rd

paragraph, 3

rd

sentence

The difficulty shall be solved, if possible within one month following that notification and the decision finalised within the second month following resolution of the difficulty.

Delays a non-compliance with by the competent authorities implies the recognition of professional competences at question is not the appropriate instrument. What counts and should be aimed at in the first place is a reliable, trust-creating and transparent process, system and cooperation of competent authorities in the home and host Member State. Once this is achieved, procedures can and should be speeded up in the interest of the applicant, but only then.

We support

Amendment48

Article 22

(c) Member States shall make sure that establishments which provide one of the types of training in question undergo at least every five years from [the date of entry into force of this Directive] an assessment into compliance with the training requirements that shall be carried out by a body listed on the European Quality Assurance Register (EQAR), which shall forward its conclusions to the Member State concerned and to the Commission.

We strongly support this insertion, since it requires quality assurance from the institutions, which provide continuous education and training to health professionals.

We request an insertion

Art. 22 (proposed amendment)

"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

In addition to the need of quality control of institutions delivering types of trainings in question and in addition to the assessment reports to be submitted, we think it is essential that systems of continuous professional

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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, specialized dental practitioners, veterinary surgeons, midwives and pharmacists. Member States must have systems in place to ensure that professionals can regularly update their skills and knowledge about codes of professional ethics through some type of Continuous Professional Development.

development are in place, developed and improved, and contribute to improvement of skills and codes of professional ethics.

We request an insertion

Amendment 54

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, and to the development and evolution of the role of the profession.

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, and to the development and evolution of the role of the profession after consulting with the relevant social partners and professional associations representing the sectoral professions of the sector the profession of the applicant belongs to.

We request to include the involvement of the social partners and professional associations in this process.

We request an insertion

Article 49a/Common training framework/2f

the common training framework has been prepared following a transparent due process, including with national social partners, professional associations representing the sectoral professions, and stakeholders from Member States where the profession is regulated or not regulated;

Common training frameworks should be prepared also by national social partners and professional associations representing the sectoral professions concerning both regulated and non-regulated professions.

We Article the common training test has been prepared Common training tests should be

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request an insertion

49a/ Common training tests/2c

following a transparent due process, including with national social partners, professional associations representing the sectoral professions, and stakeholders from Member States where the profession is regulated or not regulated;

prepared also by national social partners and professional associations representing the sectoral professions concerning both regulated and non-regulated professions.

We request an insertion and deletion

Amendment 70

Article 53, paragraph 1

A Member State shall ensure that any verification of the knowledge of a language are carried out under the supervision of 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 professional's sufficient language knowledge in respect of the professional activities this person intends to pursue.

A Member State shall ensure that any verification of the knowledge of a language are carried out under the supervision of a competent authority without further fees for the applicant after the decisions referred to in Articles 4d, 7(4) and 51(3) have taken and if there is a serious and concrete doubt about the professional's sufficient language knowledge in respect of the professional activities this person intends to pursue.

We are satisfied with the rapporteur’s insertion, which refers to the fact that Competent Authorities could not carry out language check themselves. However, systematic language testing of the applicants should be applicable to all professions and not only to the ones in the medical sector in order to ensure safety of the service provision, quality of service. This is why we suggest to erase the reference to the health professions in Articles 4d, 7(4) and 51(3). Also, we think that language testing should be free of charge for the applicant to generate mobility and that it should not be an obstacle of mobility.

We support

Amendment75

Article 55 b (new)

Article 55b Controls in the case of lengthy periods of professional inactivity In cases of professionals whose qualifications have been recognised, as listed in points 5.1.1, 5.1.2, 5.1.3, 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, but who cannot prove that they have pursued their profession in the four years preceding the request for establishment or the renewal of the

We strongly support the insertion.

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declaration, the host Member State may, in the event of material doubt about the level of knowledge, competences and skills of a professional that may put patients and consumers at risk, allow the competent authority to require additional controls, provided that they are proportionate, non-discriminatory and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.

We support

Amendment77 - insertion

Article 56 – paragraph 4 a (new)

(41a) In Article 56, the following paragraph 4a is added: (4a) With the support of the Commission, Member States shall make sure to provide training and appropriate support to the competent authorities with regard to the use of the IMI system, and in particular of the new procedures provided for in this Directive.

We strongly support this initiative.

We support

Amendment81

Article 56 a – paragraph 1 – subparagraph 2

The information referred to in the first subparagraph shall be sent immediately, and in any event at the latest within 48 hours from the date of adoption of the decision prohibiting the professional concerned from exercising a professional activity.

We strongly support this initiative.

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We support

Amendment82 - insertion

Article 56 a – paragraph 1 a (new)

(1a) The provisions of paragraph 1 shall also apply in the case of professionals who have been convicted of using or attempting to use forged documents when applying for recognition of their qualifications.

We strongly support this initiative.

We request a correction

Amendment86

Article 58 a – paragraph 1 a (new)

(1a) In the drawing-up of delegated acts, the Commission shall endeavour to consult the relevant stakeholders, which may include competent authorities, professional associations, representatives of academic bodies, and social partners.

(1a) In the drawing-up of delegated acts, the Commission shall endeavour to consult the relevant stakeholders, which may shall include competent authorities, professional associations, representatives of academic bodies, and social partners.

While we are satisfied with the insertion, we request to strengthen the text in order social partners to be consulted.

We request an insertion and deletion

6.5. Grounds for the proposal/ initiative/ 6.5.1. Requirement(s) to be met in the short or long term

“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, and they shall not relate to any a commercial activity.”

See our reasons at Amendment 21.