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official titleCommission Implementing Regulation (EU) 2015/983 of 24 June 2015 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council
|Number legal act
|Implementing regulation 2015/983
|CELEX number i
|24-06-2015; Date of adoption
|Publication in Official Journal
|25-06-2015; OJ L 159 p. 27-42
|15-07-2015; Entry into force Date pub. +20 See Art 29
18-01-2016; Application See Art 29
|End of validity
Official Journal of the European Union
COMMISSION IMPLEMENTING REGULATION (EU) 2015/983
of 24 June 2015
on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1), and in particular Articles 4a(7), 4b(4), 4e(7) and 56a(8) thereof,
After consulting the European Data Protection Supervisor,
The procedure for issuance of a European Professional Card (EPC) and the application of the alert mechanism provided for in Directive 2005/36/EC is to be supported by the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (2). It is therefore appropriate to provide rules on the procedure for issuance of EPC and on the application of the alert mechanism in the same implementing act.
The Commission carried out an assessment, with the involvement of the relevant stakeholders and the Member States, on the suitability of introducing the EPC for doctors, nurses, pharmacists, physiotherapists, mountain guides, real estate agents and engineers. Following that assessment the Commission has selected five professions (nurses, pharmacists, physiotherapists, mountain guides and real estate agents) for which an EPC should be introduced. The selected professions meet the requirements set out in Article 4a(7) of Directive 2005/36/EC as regards their current or potential mobility figures, their regulation in Member States as well as interest expressed by relevant stakeholders. The introduction of the EPC for doctors, engineers, specialized nurses, and specialized pharmacists needs further assessment in relation to their compliance with the conditions laid down in Article 4a(7) of Directive 2005/36/EC.
In accordance with Article 12 of Regulation (EU) No 1024/2012 the online tool referred to in Article 4b(1) of Directive 2005/36/EC should be separate from the IMI and should not enable external actors to access the IMI. It is therefore necessary to provide for detailed rules on the procedure for submitting applications for an EPC via that online tool as well as the rules on receiving EPC applications in the IMI by the competent authorities.
In order to provide transparent requirements it is also important to specify the conditions for requesting supporting documents and information from the applicants under the EPC procedure, taking into account which documents may be required by the competent authorities of the host Member State pursuant to Article 7, Article 50(1) and Annex VII to Directive 2005/36/EC. It is therefore necessary to set out the list of documents and information, including the documents that should be issued by the competent authorities of the home Member State directly, the procedures for verification of authenticity and validity of the documents by the competent authority of the home Member State and the conditions for requesting certified copies and translations. In order to facilitate the handling of an EPC application, it is appropriate to define the respective roles of all the actors involved in the EPC procedure: the applicants, the competent authorities of the home and the host Member State including the competent authorities assigned with the task of allocating EPC applications.
In accordance with Article 4b(1) of Directive 2005/36/EC, a home Member State may also allow for written applications for the EPC. It is therefore necessary to set out the...
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