Mutual evaluation of regulated professions

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Regulated professions - EU 28

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Context• Conclusions of the European Council (2 March 2012)

Reduce the number of regulated professions and remove unjustified regulatory barriers

• Article 59 of the revised Directive 2005/36/EC on the recognition of professional qualifications: transparency and mutual evaluation Notification of all regulated professions Assess whether requirements restricting the access to a

profession or its pursuit to the holders of a specific professional qualification are justified and comply with the principle of proportionality

• Communication on evaluating national regulations on access to professions, 2.10.2013 – work plan for the mutual evaluation exercise

Objectives

Modernise, simplify and improve access to professions across MSs to:

Ensure that the regulation of professional services in Member States is fit for purpose

- Promote mobility and encourage cross border service development- Improve competitiveness and employment in professional services- Maintain the best interests of consumers

A better regulation exercise, not a deregulation exercise

Complementarity between the evaluation processes under the PQD and the SD

Process - Transparency

• Notification by Member States of all regulated professions - over 6,000 professions notified

European map of regulated professions published in May 2014

Type of regulationNational and/or EU legal basisRecognitionDescription of activitiesReserves of activities where applicable

Information on:

Process - Screening

Overview of all restrictions affecting professional activities in regulated professions Basis for assessment of cumulative effect

• Information on methods to obtain qualification

• Existence of other additional restrictions• Registration in professional body/ quantitative/territorial restrictions• Restrictions on corporate form, shareholding structure• Restrictions on joint practices, professional indemnity insurance

Objectives

Process - Proportionality• Case-by-case examination of professional access restrictions

in Member States:

Entry barriers must be justified/proportionate to protect public interest (public policy, public health, consumer protection) Consider impact on mobility, quality, prices, costs to consumers innovation, employment & economic growth

• Overriding reasons of public interest• Information on concrete effects of the measures• Reserves of activities• Assessment of cumulative effect

Objectives

Mutual evaluation meetings

Cluster 1

Real estate agentDriving instructor

Civil engineer Architect Optician

Electrician

Cluster 2

Physiotherapist Psychologist

Hairdresser/aestheticianDental hygienist Sports instructor

Tourist guide/ travel agent

Selected professions to serve as examples for

sectors

•Discussions in small groups, government officials and/or appointed expert •Sector reports prepared by each country

Objectives: exchange practices, stimulate discussions

Next steps

End of proportionality cluster 1 professions End of proportionality cluster 1 professions

National action plans cluster 1 National action plans cluster 1

COM assessment of action plans cluster 1 COM assessment of action plans cluster 1

Similar process for cluster 2 professions Similar process for cluster 2 professions

Dec 2014Dec 2014

April 2015April 2015

June 2015June 2015

2015-20162015-2016

• Assessment of sectors/professions to be reviewed• Concrete measures and timetable• To be articulated with National Reform Programmes

• Thank you for your attention!

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