Free movement of professionals, Directive 2005/36/EC in practice, General System

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The general system

Chapter I of Title III of Directive 2005/36/EC sets out the general system for the recognition of evidence of training for the purposes of establishment in the host country. Professional qualifications are grouped under five levels (see Article 11) so that they can be compared.

Qualifications are recognised if the migrant’s level of professional qualification is at least equivalent to the level immediately below that required in the host country. Recognition must also be granted to migrants whose profession is not regulated in the country of origin but who have worked full-time in that profession for two years.

Under certain restricted conditions (see Article 14), the host country may impose compensation measures, i.e. an adaptation period of up to three years or an aptitude test. If the host country requires applicants to comply with such compensation measures, it must take into account their professional experience, and they may in principle choose between an adaptation period and an aptitude test. However, for professions that require precise knowledge of national law, EU countries may impose either the adaptation period or the aptitude test. For other professions, EU countries may only impose such a requirement only after consulting other EU countries and the Commission. Decisions taken by the Commission following such consultations are available below.

Any substantial differences among countries regarding training requirements for a given profession can be compensated for, if the professional meets a set of qualification criteria known as a 'common platform'. These common platforms must be designed in such a way as to allow migrants meeting the criteria to have their qualifications recognised without compensation measures. No common platform has been adopted yet.

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Commission Decisions on national compensation measures

2009 Decision of the Commission on a request for derogation on Article 14(2) of Directive 2005/36/EC in respect of authorised architects, authorised engineers and authorised technicians ČeštinaEnglish
2007 Decision of the Commission on a request for derogation on Article 14(2) of Directive 2005/36/EC in respect of archaeologists ČeštinaEnglish
2007 Decision of the Commission on a request for derogation on Article 14(2) of Directive 2005/36/EC in respect of certain professions in the field of fire prevention ČeštinaEnglish
2007 Decision of the Commission on a request for derogation on Article 14(2) of Directive 2005/36/EC in respect of private security agents FrançaisNederlands


Ski Instructors

01.06.2001
 
C(2001)1522 - Commission Decision on a request from Germany for a derogation under Article 14 of Council Directive 92/51/EEC for the recognition of certain sports qualifications
PDF - 178-198 KBDeutschEnglishFrançais
25.07.2000
 
C(2000)2274 - Commission Decision on a request from Austria for a derogation under Article 14 of Council Directive 92/51/EEC for the recognition of certain sports qualifications
PDF - 230-245 KBDeutschEnglishFrançais
25.07.2000 C(2000)2272 - Commission Decision on a request from Italy for a derogation under Article 14 of Council Directive 92/51/EEC for the recognition of certain sports qualifications
PDF - 109-203 KBDeutschEnglishFrançaisItaliano
25.07.2000 C(2000)2262 - Commission Decision on a request from France for a derogation under Article 14 of Council Directive 92/51/EEC for the recognition of certain sports qualifications
PDF - 205-228 KBDeutschEnglishFrançais

Last update: 29.02.2012