Temporary provision of services refers to situations where professionals wish to practise their profession or offer professional services in another EU country occasionally or for a temporary period.
The temporary provision of services can take place in different forms. For example:
- an Estonian doctor who spends 3 days a month taking care of patients in Finland, is providing a temporary service in Finland
- a self-employed Spanish professional diver, who works under a service contract on an oil rig in Norway for 4 months, is providing a temporary service in Norway
Temporary and occasional provision of services is not strictly defined as a specific period of time. The difference between permanent establishment and temporary mobility depends on the duration, frequency, regularity and continuity of the activity. The competent authority of the EU country where the service will be provided assesses the nature of the provision of services on a case-by-case basis.
The rules for temporary mobility are set out in chapter II of the Professional Qualifications Directive. However, for temporary mobility, professionals also need to consider the Services Directive, as both Directives set out applicable rules for these cases.
Procedure
Where professionals wish to provide services in another EU country for the first time, they may be required to make a written declaration in advance to the competent authorities of that country. The declaration is not a request for approval to practise the profession but is intended to inform competent authorities of the country where the service will be provided. Professionals can contact the points of single contact or the relevant authority in the country in the destination country to find out if a declaration is required for their particular case.
The declaration can be made in writing by letter, registered letter, fax or email. Physiotherapists, nurses for general care, mountain guides, real estate agents and pharmacists can also make a declaration via the European Professional Card. This declaration must be renewed once a year if the professional intends to provide services again in the same Member State.
However, professionals can start working in any location within that specific country immediately. They do not need to wait for the host Member State authority to react unless they practise a profession with potential risks to public health or safety.
Documents required for this process
The competent authority of the host Member State may ask professionals to support their declarations with the following documents:
- proof of nationality
- a document proving the worker is legally established in a Member State and is not banned from practising, even temporarily
- evidence of professional qualifications
- proof that the service provider pursued the activity concerned for at least one year during the previous 10 years (for example a reference from an employer, tax statement)
- for professions in the field of security, health, or teaching of minors and children, proof of lack of convictions of any serious criminal offence (for example a criminal record)
- for professions that have patient safety implications, a declaration about the applicant’s knowledge of the language necessary for practising the profession in the host Member State
Additionally, the declaration must include details of any insurance cover regarding professional liability.
Possible outcomes
For the first provision of services, in the case of regulated professions that have public health or safety implications, the competent authority of the host Member State may check the professional qualifications of the service provider.
Such a prior check is only possible when its purpose is to avoid serious damage to the health or safety of the service recipient and ensure that the service provider is truly qualified. Such a check cannot go beyond what is necessary for that purpose.
The competent authority may take one of the following decisions:
- to not check the service provider’s professional qualifications
- having checked the service provider’s professional qualifications:
- require the service provider to take an aptitude test (if substantial differences in training) or
- allow the provision of services
If the competent authority does not react to the declaration, professionals may provide their temporary services.
