The Professional Qualifications Directive Clause Samples

The Professional Qualifications Directive. The Professional Qualifications Directive (“PQD”)5 (Directive 2005/36/EC) was adopted in 2005 and provides a framework to facilitate the mutual recognition of professional qualifications. The Directive defines a set of rules for professionals wishing to establish or to provide services in another Member State where a particular profession is regulated. The aim of the Directive is to facilitate the mobility of professionals through the system set up for the recognition of professional qualifications. Under the PQD, a professional must send an application to the appropriate Competent Authority in order to obtain recognition of their professional qualifications. There is a distinction between applications for permanent establishment and temporary mobility, which is allowed subject to a prior declaration made on an annual basis (or subject to a prior check of qualifications for professions with health and safety implications). Under Chapter III of Title III of the Directive, some professions, notably some health professions (doctors, nurses, midwives and pharmacists), veterinaries and architects benefit from the automatic recognition of professional qualifications under the PQD. In the craft, commerce or industry sector, professional experience may qualify for automatic recognition in another EU country. Other professions fall within the scope of the Directive’s general system for the recognition of qualifications and evidence of training which are set out under Chapter I of Title III of Directive 2005/36/EC. This relates to the 3 SOLVIT is an ADR mechanism for handling problems with a cross-border element that are due to bad application of EU law by public authorities within the EU Member States. Although there is data on the topic of SOLVIT cases, information on the circumstances surrounding around these cases (i.e. why the professional qualifications were not recognised) is not available.