Legal framework
The legal framework for the recognition of professional qualifications in the EU is composed of several legal instruments.
The main piece of legislation is Directive 2005/36/EC on the recognition of professional qualifications (the Professional Qualifications Directive). It applies generally to all regulated professions in the EU, except notaries.
However, for certain professions (lawyers, commercial agents, statutory auditors, insurance intermediaries and transport operators) other, more specific Directives or Regulations apply:
- lawyers:
- commercial agents: Council Directive 86/653/EEC on the coordination of the laws of the Member States
- statutory auditors: Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts
- insurance intermediaries: Directive (EU) 2016/97 on insurance distribution
- transport operators: Regulation (EC) No 1071/2009 on the common rules about the conditions to be met
The European Commission has implementing and delegated powers to adopt legal acts which facilitate the implementation of the Directive(s) and further define the functioning of certain recognition tools and procedures (for example the European Professional Card (EPC), the alert mechanism and the Common Training Tests (CTT) amongst others):
- Commission Implementing Regulation (EU) 2015/983 on the issuance of the European Professional Card and the application of the alert mechanism
- Commission Delegated Regulation (EU) 2019/907 establishing a Common Training Test for ski instructors
- Commission implementing decisions regarding the derogation of choice for compensation measures
The rules enshrined in these legal instruments are binding and must be implemented by all Member States.
The Professional Qualifications Directive is closely related to two other Directives, which complement each other to ensure the proper functioning of the internal market:
- Directive 2006/123 on services in the internal market (the Services Directive). The Professional Qualifications Directive refers to rules laid out in the Services Directive, particularly when professionals intend to carry out a temporary or occasional provision of services. Both Directives together govern the free provision of services.
- Directive 2018/958 on a proportionality test before adoption of new regulation of professions obliges Member States to assess the proportionality of their national requirements for regulating professions before introducing them. Thus, it aims to prevent unjustified restrictions on access to, or the exercise of regulated professional activities.
Policy developments
Events such as Brexit, the Covid-19 pandemic, Russia’s war of aggression against Ukraine, the twin transitions, the severe skills shortages, and many others, are challenges which the European Union needs to adapt to. Each of these events impacts the labor market, labor mobility and the work force.
The European Commission reacts to these developments by providing policy guidance and specific recommendations to Member States, stakeholders and professionals. While they are not legally binding, competent authorities and relevant actors are strongly encouraged to follow the guidance given by the European Commission.
Policy instruments adopted by the Commission
- Recommendation (EU) 2023/2611 on the recognition of qualifications of third country nationals
- Recommendation (EU) 2022/554 on the recognition of qualifications for people fleeing Russia's invasion of Ukraine
- Guidance on the recognition of professional qualifications acquired in the UK by EU nationals
- Communication 2020/C 156/01 on free movement of health professionals and minimum harmonisation of training in relation to COVID-19 emergency measures
Policy implementation
The European Commission is responsible for monitoring the implementation of the Directive(s) and other policy instruments. It assesses their usefulness and impact in tight collaboration with Member States. Evaluations and assessments of different policy instruments are available:
- Assessment of Recommendation (EU) 2022/554 on the recognition of qualifications for people fleeing Russia's invasion of Ukraine
- Communication on evaluating national regulations on access to professions
- Report on the implementation of Directive 2013/55/EU and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System
- Staff Working Document on the implementation of Directive 2013/55/EU
- Assessment of stakeholders’ experience with the European Professional Card and the alert mechanism procedures
- Report on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2013/55/EU
Every year, in the framework of the European Semester, the European Commission publishes country-specific recommendations to provide guidance to Member States in different policy areas, including regulated professions.
The European Commission also contracts independent studies to gain more insights and evidence on various topics:
- Mapping and assessment of developments of one of the sectoral professions under Directive 2005/36/EC: Nurse responsible for general care
- Mapping and assessment of developments of one of the sectoral professions under Directive 2005/36/EC: Pharmacist
- Mapping and assessment of developments of one of the sectoral professions under Directive 2005/36/EC: Dental practitioner
- Mapping and assessment of developments of one of the sectoral professions under Directive 2005/36/EC: Veterinary surgeon
- Study on the effects of regulation on service quality
- Study evaluating the Directive against recent educational reform in EU countries
