Follow Us

Follow us on Twitter  Follow us on LinkedIn
 

08 June 2012

Professional services: Modernisation of the regulatory framework [PQD]


In a communication on the implementation of the Services Directive, the European Commission urged the Parliament and the Council to adopt the proposal for a modernised Professional Qualifications Directive before the end of 2012.

4. Ensuring the Services Directive works for consumers

There are around 800 categories of regulated professions. Discrepancies in regulating professional services have been identified amongst Member States. The effects of these divergences are made worse by cumbersome procedures for the recognition of qualifications. The European Council has stressed the importance of making progress on enhancing the mutual recognition of professional qualifications, reducing the number of regulated professions and removing unjustified regulatory barriers.

The recently proposed modernisation of the Professional  Qualifications Directive addresses these issues. To ensure that progress is made  as quickly as possible, the Commission has addressed country specific recommendations on this issue to eight Member States which will be followed up in the European Semester exercise for 2013. 

With regard to cross-border service provision, the proposal for the revised Directive provides that Member States will have to identify and justify clearly those cases where they want to make use of the exceptional possibility to check the qualification of service providers before they can offer services. Member States will also have to ensure that the annual declaration that service providers may have to make is valid for the whole territory of the Member State. This will reduce red tape and remove uncertainty for professionals. The transparency and mutual evaluation mechanism proposed will contribute to reducing the complexity due to divergences in the regulation of professions. Member States should review at national level the qualifications requirements imposed on regulated professions and the scope of reserved activities.  

Once the proposal has been adopted, the Commission intends to present a Communication in 2013. The Communication will draw on progress made with the country-specific recommendations and other developments in Member States as regards the regulation of professions.  

Actions

The European Parliament and the Council should adopt before the end of 2012 the proposal for a modernised Professional Qualifications Directive, as urged by the European Council of October 2011.  

The Commission will: 

  • assist Member States with the implementation of the country-specific recommendations on professional services as part of the European Semester exercise for 2013 and in this context launch an exercise in 2012 with Member States in order to make progress as rapidly as possible;
  • present a Communication in 2013, following the adoption of the revised Directive, to take stock of progress made in Member States and to facilitate the mutual evaluation of regulated professions foreseen in the Directive. 

5. Making Single Market rules work on the ground 

The Directive does not exist in isolation. It can achieve its full effect only when applied together with other Single Market Directives in a coherent way. This is particularly important in the case of the Professional Qualifications Directive and the E-Commerce Directive.  

Procedures for the recognition of professional qualifications are long and cumbersome in many Member States. Cross-border services are increasingly provided on line. Despite the simplification introduced by the Services Directive and the E-Commerce Directive, barriers still exist.  

Actions

Member States must commit to make their legislation and procedures fully compliant with the Professional Qualifications and E-Commerce Directives. National law must take full account of the combined effects of these Directives. Necessary adaptations must be made as a matter of urgency.  

The Commission will vigorously enforce these Directives, with particular attention to their combined application, to ensure positive results on the ground for service providers. The Commission will use infringement procedures where necessary.

6.1 Specialist services: Making mutual recognition a reality

Actions

When applying existing sector-specific legislation, Member States must give full effect to Article 56 TFEU and to EU legislation facilitating the provision of services by experts from other Member States such as the Professional Qualifications Directive when the profession is regulated or Regulation 765/2008 on accreditation where applicable. Member States should make use of IMI to facilitate the verification of compliance with requirements in other Member States.

Communication

Press release

FAQs on Implementation of Services Directive



© European Commission


< Next Previous >
Key
 Hover over the blue highlighted text to view the acronym meaning
Hover over these icons for more information



Add new comment