A number of professions fall under distinct regulatory frameworks outside the scope of Directive 2005/36/EC.
These professions are lawyers, sailors and seafarers, statutory auditors, insurance intermediaries, some transport operators, some professions handling toxic products, and commercial agents.
Specific information for each profession is provided below:
Sailors and seafarers
Training
People working on ships (not including fishing vessels) have to meet minimum standards applicable throughout the EU. The conditions required for a certificate of competence include minimum age, theoretical knowledge, practical skills and length of service at sea.
- Fore more information see the page on education and training of seafarers (managed by the Directorate-General for Mobility and Transport).
Statuatory auditors
The main rules governing the profession of statutory auditor for companies in the EU are set out in Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts.
Important legislation and information
Insurance intermediaries
Offering your services or establishing yourself in the EU
There is a registration system which is applicable throughout the EU. Insurance intermediaries such as insurance brokers, banks and car dealers who register themselves in one EU country may offer their services or establish themselves in any other EU country.
Important legislation
Some transport operators
Road haulage and road passenger transport operators may establish themselves in another EU country when they submit to the authorities of the host country
- an affidavit certifying the absence of a criminal record, not more than 3 months old
- a certificate of professional competence
- a certificate of financial standing (in some countries)
Important legislation and information
- Directive 96/26/EC on road haulage operators, road passenger transport operators and mutual recognition of diplomas, certificates and other evidence of formal qualifications
- Goods and passengers – admission to the occupation of road transport operator and mutual recognition of diplomas
- The Directorate-General for Mobility and Transport
Some professions hanblind toxic products
Some EU countries require specific qualifications for professions handling toxic products. Professionals coming from an EU country that doesn't require such qualifications may still carry out these activities if they provide proof of professional experience.
Which products are covered?
- pesticides
- poisonous substances
- medical products (phytopharmaceuticals and products intended for use as food preservatives)
- herbicides
- noxious products for use in industry
- toxic gases
- medico-surgical products (such as bactericides, germicides, and disinfectants)
- cosmetic products and dyes containing poisonous substances.
The list varies from one EU country to another.
Required professional experience
Trade and distribution of toxic products
Self-employed persons or company directors | |
Qualifications | Pursuit of the professional activity in the country of origin |
| No qualifications | 5 consecutive years |
| Certificate of aptitude | 2 consecutive years |
| Training attested by a certificate | 3 consecutive years |
Employed persons | |
Qualifications | Pursuit of the professional activity in the country of origin |
| Certificate of aptitude | 3 consecutive years |
| Training attested by a certificate | 4 consecutive years |
Professional use of toxic products
Self-employed persons or company directors | |
Qualifications | Pursuit of the professional activity in the country of origin |
| No qualifications | 6 consecutive years |
| Certificate of aptitude | 3 consecutive years |
| Training attested by a certificate | 4 consecutive years |
Employed persons | |
Qualifications | Pursuit of the professional activity in the country of origin |
| Certificate of aptitude | 4 consecutive years |
| Training attested by a certificate | 5 consecutive years |
Important legislation
- Directive 74/557/EEC
- on freedom of establishment and to provide services – self-employed persons and intermediaries engaging in trade of toxic products
- Directive 74/556/EEC – transitional measures relating to trade in toxic products and professional use of such products
Lawyers
Temporary mobility
Lawyers established in the EU can offer their services on a temporary basis in any EU country. To do so, they have to keep their professional title from their home country, expressed in the language of their home country (e.g. the titles 'barrister' or 'solicitor' obtained in Ireland).
Establishment in another EU country
Lawyers already established in one EU country may establish themselves in any other EU country and carry out the same activities on a permanent basis. To do so, they have to keep their home-country professional title.
To establish themselves in another EU country, lawyers must register with the authorities of the host country and provide proof (a certificate) of their registration in their home country.
After 3 years of regular practice in the host country, lawyers may apply to acquire the professional title of the host country.
Important legislation
- Directive 77/249/EEC to facilitate the exercise by lawyers of freedom to provide services
- Directive 98/5/EC on practicing law in another EU country
Commcercial agents
Commercial agents are self-employed intermediaries authorised to negotiate the sale and purchase of goods for and on behalf of another person. They fall under specific provisions of the Commercial Agents Directive 86/653/EEC.
Public consultation on the Evaluation of the Commercial Agents Directive (86/653/EEC)
To evaluate the functioning of the Commercial Agents Directive, the European Commission launched a public consultation in 2014.
The evaluation report (in English) and its executive summaries (in English, French and German) can be found below:
Important legislation and information
- Directive 86/653/EEC on the coordination of the laws of the EU countries relating to self-employed commercial agents
- Report COM(1996)364 on the application of Article 17 of Directive 86/653/EEC