EC on the recognition of professional qualifications and the IMI Regulation - Main contents

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dossier	COM(2018)263 - Delegated acts of the Commission under Directive 2013/55/EU amending Directive 2005/36/EC on the recognition of professional ...
document	COM(2018)263
date	May 7, 2018

Annex V;

b)updating of minimum training requirements established under the Directive for six professions;

c)Establishing common training frameworks or common training tests.

As soon as the Commission adopts a delegated act, it shall notify it simultaneously to the European Parliament and to the Council (Article 57c (4) of Directive 2005/36/EC as amended by Directive 2013/55/EU).

Under Article 57c(5) of Directive 2005/36/EC as amended by Directive 2013/55/EU, a delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

3. EXERCISE OF THE DELEGATION

3.1 Delegated acts already adopted

The Commission has exercised the following delegated powers in the reference period:

On the basis of Article 21a(4) of Directive 2005/36/EC as amended by Directive 2013/55/EU, two Commission Delegated Decisions have been adopted amending Annex V to Directive 2005/36/EC as regards evidence of formal qualifications (see point 2.a) above).

The first Delegated Decision amending Annex V to incorporate modifications of national diplomas in the sectorial professions which Member States had notified to the Commission was adopted on 13 January 2016 ⁴ and the second Delegated Decision was adopted on 1 December 2017 ⁵ .

3.2 Consultation prior to adoption

In line with its commitments in the Interinstitutional Agreement on Better Law-Making ⁶ the Commission consulted experts nominated by Member States and relevant stakeholders, via regular dedicated expert meetings and written consultations, in the preparation of the delegated acts.

The expert group involved in the preparation of the delegated acts was the Group of Coordinators on the recognition of professional qualifications, as created by Commission Decision of 19 March 2007 ⁷ . The observations presented in these consultations were taken into consideration when preparing the final versions of delegated acts.

The documents relevant to these consultations were transmitted simultaneously to the European Parliament and to the Council, and both institutions had the opportunity to send experts to the meetings of the expert group.

3.3 No objections to delegated acts

According to Article 57c(5) of Directive 2005/36/EC as amended by Directive 2013/55/EU, the European Parliament or the Council may object to a delegated act within a period of two months from the date of notification, extendable by another two months at the initiative of the European Parliament or of the Council. If either the European Parliament or the Council objects to a delegated act within this period, it shall not enter into force.

Neither the European Parliament nor the Council objected to any of the delegated acts mentioned under section 3.1. above and the delegated acts were therefore published and entered into force at the end of the objection period.

3.4 Possible future delegated acts

Further delegated acts will have to be adopted regularly on the basis of Article 21a(4) in order to amend Annex V of Directive 2005/36/EC as regards evidence of formal qualifications. The Commission services are currently preparing the third Delegated Decision.

In addition, the Commission services are working on a possible delegated Regulation establishing a common training test for ski instructors under Article 49b of the Directive.

4. CONCLUSION

The Commission considers that it has exercised the delegated powers conferred upon it within the limits and in respect of the conditions laid down in Article 57c of Directive 2005/36/EC as amended by Directive 2013/55/EU. The Commission sees the need to extend the empowerments because further delegated acts amending amongst others Annex V of Directive 2005/36/EC as regards evidence of formal qualifications will be required in the future. With this report the Commission complies with the reporting requirement under Article 57c(2) of Directive 2005/36/EC as amended by Directive 2013/55/EU. The Commission invites the European Parliament and the Council to take note of this Report.

(1)

OJ L 255, 30.09.2005, p.22

(2)

Single Market Act, Twelve levers to boost growth and strengthen confidence, 'Working together to create new growth', COM (2011)206 final

(3)

OJ L 354, 28.12.2013, p. 132

(4)

OJ L134, 24.05.2016, p. 135

(5)

OJ L 317, 1.12.2017, p. 119

(6)

OJ L 123, 12.05.2016

(7)

OJ L79, 20.03.2007, p. 38