Update: Recognition of Professional Qualifications | Fieldfisher
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Update: Recognition of Professional Qualifications

20/02/2017

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Ireland

The recognition of professional qualifications under EU law has been modernised by Directive 2013/55/EU (the “Directive”) which amended Directive 2005/36/EC on the recognition of professional qualifications. The European Union (Recognition of Professional Qualifications) Regulations 2017 (the Regulations) S.I No 8 2017, which consolidate and transpose into Irish law Directive 2005/36/EC as amended by Directive 2013/55/EU (the “Directive”) commenced on 17 January. Some of... The recognition of professional qualifications under EU law has been modernised by Directive 2013/55/EU (the “Directive”) which amended Directive 2005/36/EC on the recognition of professional qualifications. The European Union (Recognition of Professional Qualifications) Regulations 2017 (the Regulations) S.I No 8 2017, which consolidate and transpose into Irish law Directive 2005/36/EC as amended by Directive 2013/55/EU (the “Directive”) commenced on 17 January. Some of the main aspects of the regulation include:
  1. European Professional Card (the “EPC”): The EPC is an electronic certificate issued via the first EU-wide fully online procedure for the recognition of qualifications. The ECP is currently available for general care nurses, pharmacists, physiotherapists, mountain guides and real estate agents who can now pursue their professions more freely.
  2. Applications for recognition of professional qualifications: Under this Regulation the competent authority shall acknowledge receipt of an application within one month of receipt and inform the applicant of any missing documentation.
  3. Recognition of professional traineeship: The Regulation places an obligation on competent authorities to publish guidelines on and recognition of professional traineeships carried out in another Member State, or in a State other than a Member State.
  4. Reversal of decisions: Regulation 82 allows the competent authority to reverse a decision to recognise evidence of professional qualification under the Regulations where it is satisfied that information on which the competent authority relied on in order to make the decision was not correct.
  5. Appeals: Regulation 83 sets out the decisions of the competent authority which may be appealed.
  6. Issuing Alerts via the Internal Market Information System (the “IMI”): The Regulations also impose additional requirements on competent authorities in relation to the sending of alerts via the IMI where there has been a decision to restrict or prohibit a professional from engaging in a professional activity.
To read a detailed summary of each aspect click here. Authors: Aideen Ryan and Natasha Forde