Regulated professions and recognition of professional qualifications

1
Regulated professions and recognition of
professional qualifications

• Yuliya Dimitrova
• European CommissionDG Energy and Transport
  Radiation Protection Unit

II EUTERP Workshop Definitions, Qualifications
and Requirements for Radiation Protection
Experts, Radiation Protection Officers and
Radiation Workers 23-25 April 2008
EUROPEANCOMMISSION
2
Regulation of professions

• MS need to establish requirements to the
  qualifications of the professionals from some
  professions in order to secure the quality of the
  product and thereby to protect the consumers
• Different MS regulate different professions
  -different requirements burden to the free
  movement of professionals throughout Europe

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Solution

• Mutual recognition of professional qualifications
  - A Member State which require specific
  qualifications for pursuit of a profession
  (regulates a profession) shall recognise
  professional qualifications for pursuit of this
  profession, obtained in one or more other Member
  States (the home Member State)

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How to implement the concept of mutual recognition

• To find a basis for harmonisation of the
  professional qualifications required in the MS
  for the pursuit of a profession education and/or
  training, required experience etc.
• Application of measures to compensate the
  difference in the required qualifications

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The principal of mutual recognition applies

• When the profession is regulated in the host MS
• regulated profession - professional activity
  access to which is subject to the possession of
  prof. qualifications, required by the national
  law
• To Community national, who possess specific
  professional qualifications to pursue a
  profession in the home MS
• professional qualifications the qualifications
  attested by diploma, certificate or other
  evidence of formal qualification

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EU legislation on recognition of professional
qualifications (diplomas )

• 77/452/EEC nurses 78/686/EEC dentists
  78/1026/EEC veterinarian surgeons 80/154/EEC
  midwifes 85/384/EEC architects 85/432/EEC
  pharmacists 93/16/EEC doctors
• Council Directive 89/48/EEC of 21 December 1988
  on a general system for the recognition of
  higher-education diplomas awarded on completion
  of professional education and training of at
  least three years' duration
• Consolidation in
• Directive 2005/36/EC

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EU legislation on recognition of professional
qualifications (diplomas )

• toxic products (74/456 and 74/457)
• seafarers (2005/45/EC)
• air traffic controllers (2006/23/EC)
• Renewable energy equipment installers
  (COM(2008)19 optional accreditation), etc.

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Systems for recognition of professional
qualifications (diplomas, certificates)

• Automatic system - Directive 2005/36/EC (doctors,
  nurses, dentists, veterinary surgeons,
  pharmacists, midwives, architects, ) Directives
  on seafarers, Directive 2006/23/EC on air traffic
  controllers, .
• General system - Directive 2005/36/EC (for all
  other professions not covered by specific
  requirements)

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Automatic system for recognition of evidence of
formal qualifications

• Recognition based on harmonised minimum training
  requirements (the 7 professions from Directive
  2005/36, seafarers, air traffic controllers)
• Recognition based on professional experience
  ( craft activities  Directive 2005/36)

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Automatic system based on harmonised minimum
training requirements - MIDWIFES

• harmonised training programme
• requirements for the level of education that
  gives access to the training
• list of knowledge and skills that the training
  shall provide
• harmonisation of activities included in this
  profession
• List of competent authorities that grant the
  evidence of formal qualification

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Automatic system - harmonised minimum training
requirements - Air traffic controllers

• Definition of the activities of air traffic
  controllers
• Competent authorities with assigned tasks
• Licence to access the profession age limit,
  min. level of education, completion of training,
  valid medical certificate, adequate level of
  linguistic proficiency, approved continuation
  training to keep the licence valid
• Certification of training providers

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Automatic recognition based on professional
experience - Craft activities

• If a Member State requires possession of general,
  commercial or professional knowledge and
  aptitudes for pursuit to one of the activities
  listed in an Annex, that Member State shall
  recognise previous pursuit of the activity in
  another Member State as sufficient proof of such
  knowledge and aptitudes.
• Manufacture of textiles, Leather industry,
  Petroleum industry, Electrical engineering etc.

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General system for recognition

• The host MS compares the qualifications held by
  the migrant with the qualifications required in
  the host MS.
• 5 levels of qualifications used to compare
  qualifications
• Recognition system applies when training at the
  same or one prior level

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General system for recognition

• Compensation measures adaptation period or
  aptitude test
• (a) the duration of the training of which the
  migrant provides evidence is at least one year
  shorter than that required by the host Member
  State
• (b) the training he has received covers
  substantially different matters than those
  covered by the evidence of formal qualifications
  required in the host Member State

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Procedure for the mutual recognition of
professional qualifications

• In each of the directives there are requirements
  for the administrative procedure to be fulfilled
• For some of the regulated professions the
  directives provide for freedom of the MS to
  impose additional requirements according to the
  national particularities language knowledge,
  knowledge of the national legal system etc.

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Regulated professions and mutual recognition in
radiation protection field

• the profession of "radiographer/radiotherapist"
  (regulated in 20 MS)
• "Nuclear medicine technician" is a regulated
  profession in Netherlands, Portugal and Spain.
• 12 nuclear and radiation protection professions
  are regulated in Poland
• Recognition under the General system
• http//ec.europa.eu/internal_market/qualifications
  /regprof/

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Regulated professions and mutual recognition in
radiation protection field - Legal requirements

• Directive 96/29/Euratom qualified expert
• Directive 97/43/Euratom medical physics expert
• These professions are not established as
  regulated professions in all MS or are
  established as such but under different name

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What is the solution?

• To defined the professional activities involved
  in the profession
• To find the right basis for harmonisation of the
  requirements to the professional qualification
• what level of harmonisation can be reached -
  general system (less prescriptive approach) or
  automatic system (more prescriptive approach)

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Thank you for the attention