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RECOGNITION OF PROFESSIONAL QUALIFICATIONS

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Title: RECOGNITION OF PROFESSIONAL QUALIFICATIONS


1
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Brussels, 07.03.2002 COM(2002)119 final 2002/0061
    (COD)
  • Proposal for a
  • DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE
    COUNCIL ON THE RECOGNITION OF PROFESSIONAL
    QUALIFICATIONS

2
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • A clear, secure and quick system for the
    recognition of qualifications in the field of the
    regulated professions is required to ensure free
    movement.

3
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • For the purposes of this Directive, the following
    terms are defined as follows
  • a) regulated profession a professional activity
    or group of professional activities, access to
    which, the practice of which, or one of the modes
    of pursuit is subject, directly or indirectly, to
    legislative, regulatory or administrative
    provisions concerning possession of specific
    professional qualifications.
  • b) professional qualifications qualifications
    attested by evidence of formal training, an
    attestation of competence and/or professional
    experience
  • c) evidence of formal qualifications diplomas,
    certificates and other evidence
  • issued by an authority in a Member State and
    certifying successful completion
  • of professional training obtained mainly in the
    Community,

4
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • A profession practised by the members of an
    association or organisation is treated as a
    regulated profession.
  • On each occasion that a Member State grants
    recognition to an association or organisation, it
    shall inform the Commission, which shall issue an
    appropriate notification in the Official Journal
    of the European Communities.

5
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • The following five levels of professional
    qualification are established
  • a) level 1, "attestation of competence"
  • b) level 2, "certificate"
  • c) level 3, "diploma certifying successful
    completion of a short training course"
  • d) level 4, "diploma certifying successful
    completion of an intermediate training course"
  • e) level 5, "diploma certifying successful
    completion of a higher training course".

6
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Level 1 corresponds to
  • a) an attestation of competence issued by a
    competent authority in the home Member State on
    the basis of a very short training course, a
    specific examination without prior training or
    full-time practice of the profession in a Member
    State for three consecutive years or for an
    equivalent duration on a part-time basis during
    the previous 10 years,
  • b) general primary or secondary education,
    attesting that the holder has acquired general
    knowledge.

7
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Level 2 corresponds to
  • training at secondary level, of a professional
    nature or general in character, supplemented by a
    professional course.

8
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Level 3 corresponds
  • to training at post-secondary level and of a
    duration of at least one year and less than three
    years.

9
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • The following shall be treated as level-3
    training courses
  • a) training courses with a special structure
    which provide a comparable professional standard
    and which prepare the trainee for a comparable
    level of responsibilities and functions.
  • b) regulated training which is specifically
    directed to the practice of a particular
    profession and which consists of a course of
    education supplemented, where appropriate, by
    professional training, probationary or
    professional practice.

10
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Level 4 corresponds to a course of training at
    higher or university level and of a duration of
    at least three years and less than four years.
  • The following shall be treated as level-4
    training
  • Regulated training which is directly aimed at the
    practice of a particular profession and which
    consist of a three year programme of
    post-secondary study or a part-time programme of
    post-secondary study of equivalent duration,
    carried out in a university or an institution
    providing an equivalent level of training, and,
    possibly, professional training, probationary or
    professional practice required in addition to the
    programme of post-secondary study.

11
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Level 5 corresponds to training at higher
    education level and of a minimum duration of four
    years.
  • The following shall be treated as level-5
    training
  • regulated training aimed specifically at the
    pursuit of a particular profession and which
    consist of a programme of post-secondary study of
    at least four years duration or a programme of
    part-time post-secondary study of equivalent
    duration, carried out in a university or an
    institution providing an equivalent level of
    training and, possibly, professional training,
    probationary or professional practice required in
    addition to a programme of post-secondary study.

12
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Professional associations may notify the
    Commission of common platforms which they
    establish at European level.
  • "common platform means a set of criteria of
    professional qualifications which attest to a
    sufficient level of competence for the pursuit of
    a given profession and on the basis of which
    those associations accredit the qualifications
    obtained in the Member States.

13
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • If access to or pursuit of a regulated profession
    in a host Member State is contingent upon
    possession of specific professional
    qualifications, the competent authority of that
    Member State shall permit access to and pursuit
    of that profession, under the same conditions as
    apply to its nationals, to applicants possessing
    the attestation of competence or evidence of
    formal training required by another Member State
    in order to gain access to and pursue that
    profession on its territory.

14
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Attestations of competence or evidence of formal
    training shall satisfy the following conditions
  • a) they shall have been obtained in another
    Member State
  • b) they shall attest a level of professional
    qualification at least equivalent to the level
    immediately below that which is required in the
    host Member State.

15
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Opinion of the Economic and Social Committee on
the Proposal for a Directive of the
European Parliament and of the Council on the
recognition of professional qualifications (COM(2
002) 119 final 2002/0061 (COD)) (2003/C 61/14)
16
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
WORKING DOCUMENT from Presidency to Working
Party on Establishment and Services
(Diplomas) No. prev. doc. 7864/03 ETS 7 CODEC
368 No. Cion prop. 7239/02 ETS 1 CODEC
350 Subject Proposal for a Directive of the
European Parliament and of the Council on
the recognition of professional qualifications -
Consolidated text
17
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • In order to promote the free movement of
    professionals, while ensuring an adequate level
    of qualification, various professional
    associations and organisations have established
    common platforms at European level under which
    professionals meeting a number of criteria
    relating to professional qualifications are
    awarded the right to bear the professional title
    awarded by those associations or organisations.
    The Directive should take account, under certain
    conditions and in compliance with Community law,
    and in particular Community law on competition,
    of those initiatives, while promoting, in this
    context, a more automatic character of
    recognition under the general system.

18
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
  • Professional associations which establish common
    platforms must be representative at national
    and/or European level. To be considered as
    established at European level, a common platform
    must cover at least two thirds of the Member
    States and in any case all the Member States
    which regulate that profession. A common platform
    facilitates the mutual recognition of
    professional qualifications, in particular where
    the criteria established make it possible to
    compensate for the substantial differences which
    may exist between the training in the various
    Member States.

19
RECOGNITION OF PROFESSIONAL QUALIFICATIONSOpinio
n of the Economic and Social Committee on the
Proposal for a Directive of the European
Parliament and of the Council on the recognition
of professional qualifications
  • A system for recognition of professional
    qualifications
  • must be based on active support and involvement
    from the
  • relevant professional associations and the social
    partners. The
  • present system guarantees that, to some extent.
    The proposed
  • new system does not guarantee that. The EESC
    proposes
  • amendments to the draft directive in order to
    safeguard this
  • involvement.

20
RECOGNITION OF PROFESSIONAL QUALIFICATIONSOpinio
n of the Economic and Social Committee on the
Proposal for a Directive of the European
Parliament and of the Council on the recognition
of professional qualifications
  • The new system opens the door for European
    professional
  • associations to propose Europe-wide common
    platforms
  • for recognition of professional qualifications.
    The EESC
  • finds it very positive that this opportunity is
    included in the
  • draft directive. However, the EESC is of the
    opinion that
  • the criteria for submitting such proposals should
    be better
  • elaborated in the directive. The EESC proposes a
    set of such
  • criteria.

21
RECOGNITION OF PROFESSIONAL QUALIFICATIONSOpinio
n of the Economic and Social Committee on the
Proposal for a Directive of the European
Parliament and of the Council on the recognition
of professional qualifications
The EESC thinks that this form of active
involvement by European professional associations
might be a good way to make professional
recognition simple, more automatic, predictable
and transparent. The method must, however,
provide adequate guarantees as regards the
applicants level of qualification.
22
RECOGNITION OF PROFESSIONAL QUALIFICATIONSOpinio
n of the Economic and Social Committee on the
Proposal for a Directive of the European
Parliament and of the Council on the recognition
of professional qualifications
  • Therefore the EESC requires clear criteria for
    the European professional associations that may
    apply for common platforms. Such a European
    professional association must
  • cover as far as possible all EU countries
  • promote and maintain a high standard in the
    professional field concerned by providing for the
    upward convergence of initial training and for
    requirements regarding continuing training
  • promote regular external evaluations of the
    standard of its members services in the Member
    States
  • award an attest of a certain level of
    professional qualifications where this is not the
    responsibility of the Member State
  • ensure that the members of its member
    associations respect the rules of professional
    conduct which it prescribes

23
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