Evaluation of the Professional Qualifications Directive

SECOND MEETING WITH PROFESSIONAL ORGANISATIONS
ON THE EVALUATION OF THE PROFESSIONAL QUALIFICATIONS DIRECTIVE
The 2nd Vice Chairman and the General Secretary of the ER-WCPT attended on behalf of the Region the second meeting organised by Internal Market and Services DG of the European Commission entitled Evaluation of the Professional Qualifications Directive.
Annotated agenda
Presentations / Minutes / List of coordinates
 
Meeting of 29 October 2010
09:00 – 09:30 Registration
09:30 – 10:00 Introduction by the Commission: state of play of the evaluation
Welcome of the participants
Overview of the completion of the first phase of the evaluation and possible next
steps towards a final evaluation report and a possible Green Paper in autumn
2011.
 
10:00 – 11:15 Session 1 - Temporary mobility: potential yet to be unlocked
Directive 2005/36/EC allows for such mobility without prior check of the
qualifications for most of the professions. However, Member States may ask for
prior declarations, for professionals willing to provide services in other Member
States on a temporary or occasional basis. Despite the efforts at simplification,
the interest in using this new regime seems to be limited.
 
Possible discussion points:
What is the degree of interest of professionals in providing services on a
temporary or occasional basis in other Member States? Does the new regime
meet the economic needs of the professions?
What are the difficulties and uncertainties encountered by professionals and
consumers?
• Presentation by the Commission of current findings after the first phase of
the evaluation
• Comments by professional organisations on these findings
• Invitation to professional organisations to present specific examples and case
studies
 
11:15 – 11:30 Coffee break
 
11:30 - 12:15 Session 2a - Automatic recognition on the basis of minimum training
requirements: a success story, but…
The system of automatic recognition, based on the harmonisation of minimum
training requirements for sectoral professions is overall well received by
competent authorities. However, it is based on requirements established a long
time ago.
 
Possible discussion points:
Do professionals consider the recognition of qualifications under this system
really "automatic"? Is the basis for automatic recognition still relevant?
• Presentation by the Commission of current findings after the first phase of
the evaluation
• Comments by professional organisations on these findings
 
12:15 – 12:45 Session 2b – Automatic recognition based on professional experience: a
need for modernisation after 40 years?
Professionals of craft, industry and commerce benefit from the automatic
recognition of the qualifications on the basis of their professional experience.
This mechanism seems to work quite smoothly, however some competent
authorities have expressed concerns about the nature of activities falling under
this recognition system (i.e. activities listed in Annex IV of the Directive).
 
Possible discussion points:
What is the experience of professionals in the implementation of this recognition
system?
• Presentation by the Commission of current findings after the first phase of
the evaluation
• Comments by professional organisations on these findings
 
12:45 – 13:45 Lunch break
 
13:45 – 14:30 Session 3a - The "general system": the complex landscape of
"compensation measures" (tests, stages)
Directive 2005/36/EC consolidated the previous "mutual recognition" Directives
(Directives 89/48/EC and 92/51/EC), based on the comparison of qualifications
and the possibility to impose "compensatory measures" on migrants in case of
substantial differences in the training. However, the implementation of this
system is still considered complex by most of the Member States.
 
Possible discussion points:
How could the comparison and recognition of professional qualifications be
further simplified?
Are the five educational levels set out in Article 11 helpful and still relevant in
the light of educational reforms, such as the European Qualifications
Framework? What would happen if the general system does no longer make any
reference to national educational levels?
• Presentation by the Commission of current findings after the first phase of
the evaluation
• Short overview about planned external study on the interaction between the
Directive and recent educational reforms: presentation by the Commission
• Comments by professional organisations
• Invitation to present specific examples and case studies related
 
14:30 – 15:00 Session 3b - Common platforms: a failure under the current Directive
 
Possible discussion points:
Should the concept of common platforms be revisited and tailored to professions
where cross border mobility is a prevailing feature? If so, which cases offer
potential for facilitating free movement of professionals? What could be the
contents of a common platform to support the Directive?
• Presentation by the Commission
• Invitation to professional organisations to which extent pilot projects could
be launched
 
15:00 – 15:15 Coffee break
 
15:15 – 16:00 Session 4 – Does a professional card offer potential?
The Directive currently offers practical means to render assistance to citizens. A
professional card might be a further means.
 
Possible discussion points:
Would a professional card make it easier for a professional to provide
temporary services or to establish abroad on a permanent basis? What potential
could it offer for professional services within the framework of the Directive?
Should it be issued by a competent authority in the home Member State or by a
European association?
• Presentation by the Commission of current findings after the first phase of
the evaluation
• Comments by professional organisations
• Invitation to present ongoing projects and case studies
• Discussion on possible pilot projects within a focus group composed of a
limited number of professions
 
16:15 – 16:30 Conclusions by the Chairman

Meeting with Professional Organisations
Evaluation of the Professional Qualifications Directive
 
Venue: European Commission (1 Place Madou)
Date: 17 March 2010
 
The 2nd Vice Chairman and the General Secretary of the ER-WCPT attended on behalf of the Region a meeting organised by Internal Market and Services DG of the European Commission entitled Evaluation of the Professional Qualifications Directive.
 
88 representatives from a large variety of organisations – professions attended the conference. Please see annex 1 for detailed information about the participants
 
The meeting had the following agenda:
 
09.30 – 09.45            Introduction by the Commission
 
09.45 – 10.15            Objectives of an evaluation of a Directive
- Presentation of the methodology by the Commission
- Questions and answers
 
10.15 – 13.00            Questions for the evaluation of the Professional Qualifications Directive
- Presentation by the Commission
- Discussion
 
13.00 – 14.30            Lunch break
 
14.30 – 15.00            Follow up of discussion on evaluation questions
 
15.00 – 16.00            Gathering evidence during evaluation exercise
- Presentation by the Commission
- Discussion on which assistance professional organisations can offer
 
16.00 – 16.30            Next steps and conclusion by the Commission
 
The purpose of the meeting was to present how the EU Commission is following the evaluation of the implementation of the directive at national and EU level and raise questions about it for comments on writing to be received in three weeks after the meeting.
 
The conference started with a presentation about the Commission understanding of evaluation itself (Annex 2) followed by a presentation of the Results of the Eurobarometer Studies on free movement an Professional Qualifications (Annex 3)
 
After these presentations, and having a common agreement about the meaning of evaluation and a picture of the trends in willingness and disincentives to work abroad, took place a presentation of the state of art of the Transposition of the Directive (Annex 4)
 
Finally the EU Commission listed possible main topics on the evaluation the professional Qualifications Directive and asked the professional organisation to present comments
 
A presentation for better understanding of the topics was also made (Annex 5)
The list of topics was as follows:
 
 
1. EVALUATING THE MOBILITY OF PROFESSIONALS IN PRACTICE
 
1.1. Importance of recognition of professional qualifications for citizens
If a citizen is mobile in Europe which importance does the recognition of professional qualifications play in relation to other types of obstacles (e.g. language, social security, and residence rights)?
 
1.2. Temporary mobility
How has the new regime for temporary provision of services been implemented? To what extent is it attractive for self-employed persons and for workers?
  
1.3. Recognition procedure in case of migration on a permanent basis
To what extent has the Professional Qualifications Directive brought about simplification for self-employed persons and for workers?
 
1.4. Recognition for sectoral professions
To what extent has the system of automatic recognition been a success? Is there any downside or have there been any pitfalls? What about language requirements?
 
1.5 Automatic recognition for professions in Annex IV (craftsmen, trade and industry)
Is the recognition mechanism in place (including the list of activities in Annex IV of the Directive) up to date and does it work smoothly in practice?
 
1.6 Recognition of third country qualifications
Which problems arise from the implementation of the current provisions on third country diplomas? Do they take account of the increased mobility of students?
 
1.7. Administrative cooperation
Is administrative co-operation amongst Member States effective and comprehensive enough? To which extent does the current use of IMI contribute to the well functioning of the Professional Qualifications Directive?
 
1.8. Access to assistance for citizens
How transparent are Member States about their national requirements regarding the recognition of professional qualifications?
 
To which extent do national contact points play a proper role in assisting citizens on the spot in their contacts with domestic competent authorities?
 
2. EVALUATION OF THE DIRECTIVE AGAINST NEW DEVELOPMENTS
 
2.1. Science: sectoral professions
To what extent are the minimum qualifications for seven sectoral professions still up to date in view of scientific progress? To which extent is safety of patients sufficiently taken into account in the training of health professions?
 
2.2. Education
Can the Bologna process bring about more automatic recognition on the basis of converging training programs? For which economic sectors and related regulated professions in the Internal Market would this be most beneficial?
 
Several European initiatives in the field of education have an impact on the way qualifications are obtained and defined (lifelong training/competence based approach to training/European qualification framework). How do those developments influence the Professional Qualifications Directive?
 
Is there a link between educational reform and a need for strengthening continuous professional development?
 
2.3. Labour market 
To what extent can the directive help reducing unemployment in particular for young people? Does the process of recognition of professional qualifications help or hinder the professionals in finding employment in the host Member State?
 
To what extent does the Professional Qualifications Directive meet future professional needs (“new skills, new jobs” initiative of the Commission) in key sectors?
 
To what extent does the Professional Qualifications Directive allow to meet the challenges of demographic developments in the coming years (in particular demographic decline in the active population)?
 
2.4. New technology
To which extent do citizens use electronic means in their contacts with competent authorities (see also Article 8 of the Services Directive)?
 
To which extent is the recognition system adapted to situations where a professional provides services by moving physically and/or by communicating via modern technologies (e.g. telemedicine, videoconferences)? 
 
  
3. EVALUATION OF THE CONTRIBUTIONS OF PROFESSIONAL BODIES
  
3.1. Common platforms
To what extent are common platforms a workable tool to facilitate migration?
 
3.2. Professional cards
Under which conditions could a professional card facilitate migration? Is this a feasible project in a foreseeable future? Should it be limited to specific professions?
 
3.3.        Alternative models
Could professional organisations provide a valuable contribution in other areas?
 
 
Conclusions of the meeting:
 
A next meeting will be planned to take place after summer 2010 and further information will be presented to the professional organisations based on their comments and the member states actions.