[autom.vertaling] Professionele kwalificaties (en)

Want to work in a Member State other than your own? Nothing simpler, in theory, since this is one of the rights guaranteed by the European treaties. But in practice, it is not as easy as that because, in order to exercise a profession, it is necessary to prove one's qualifications.

For forty years, the EU has been trying to set up a system for the mutual recognition of qualifications. The adoption of the report of Mr Stefano Zappala (EPP-ED) by the European Parliament, should be the start of real progress on this issue.

For an Italian to be able to exercise his profession in Poland in the same conditions as the Polish, without hindrance on grounds of nationality, the professional qualifications he obtained in his own country must be recognised in the host country. The proposal for a directive, examined in second reading in Parliament, covers all kinds of cases: salaried and liberal professions, the provision of temporary services and " regulated " professions such as doctors, nurses and architects. Qualifications will in future be recognised on the basis of coordinated minimum training standards.

Public authority professions excluded

MEPs spelt out, by a direct reference to the treaty, that professions linked to the exercise of public authority are to be excluded from scope of the directive. Parliament also insists on including a definition of liberal professions in the directive and it stresses that it will apply to people wishing to practise a regulated profession "including those belonging to the liberal professions". MEPs maintain the automatic recognition of medical and dental specialisations common to at least two Member States, which conflicts with the Council position but is in line with existing EU law.

An EU national wishing to have access to a regulated profession will be subject to the same conditions, in terms of qualifications, as nationals of the host country. This rule applies, for example, to the certificates of competence or the training qualifications required. The individuals concerned must meet a number of conditions, for example they must show evidence of having a level of training at least equivalent to the level immediately below that required in the host Member State.

The directive lays down a number of reference levels reflecting levels of education and training, which in turn enable equivalences to be established between levels of qualifications in different Member States. MEPs propose to increase the number of reference levels to five (instead of the four proposed by the Council), but without attaching any number, letter or other sign indicating a hierarchy.

Parliament is redefining certain levels in order to better respond to the reality of training cycles in the different Member States. The professions affected by these measures are listed, by level, in the annexes. The annexes also contain the naming designation of professions in the official languages of the EU since it is not always easy to know if Kinderkrankenschwester, zdravotnicky asistent, odontotecnico, zobarstniecibas masa, enestyrmand or even dyzurny ruchu belong to the same professional category.

A single committee for the recognition of professional qualifications

In a number of amendments, MEPs focus on the role played by professional bodies in the procedure for recognising qualifications. To streamline the management of the various recognition regimes set up by different sectoral directives and the general system, a single committee for the recognition of professional qualifications will be created to replace the existing bodies. It will be composed of representatives from the Member States and presided over by a representative from the Commission.

Given the differing national systems and the number of qualifications, professions and skills, MEPs want experts of the professional categories concerned to take part in this committee. To smooth freedom of movement and professional mobility, Parliament is proposing the introduction of an individual professional card. This would contain information on the worker's career (training, experience and any penalties imposed relating to his profession) and would speed up the exchange of information between the country of origin and the host country. The cards would be issued by the agencies and professional associations.

The directive on the recognition of professional qualifications is closely linked to the services directive. The aim is to make it easier to provide services throughout the EU while enabling the Member States to supervise the conditions under which a worker from another Member State is allowed practise his profession on their territory. By comparison with the Commission's initial proposal, which favoured easier access and backed the principle of supervision by the country of origin, the text adopted by Parliament recommends mutual recognition and the principle of control by the host country. It gives the host country greater powers to check qualifications and to make the right to practise a profession subject to certain constraints, e.g. in the name of the public interest. Safeguards to prevent abuses have also been approved, for example to prevent recognition of a qualification obtained in another Member State being used to circumvent higher standards in the country of origin or to ensure that someone providing temporary services is not acting as a front for a company which has in reality set up shop in another country.

The text adopted is the result of a compromise with the Council. This agreement will, without doubt, allow conciliation to be avoided.

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