The European Union (Recognition of Professional Qualifications) Regulations 2015

PART 4 U.K. European Professional Card

Functions of designated competent authorities in the United Kingdom in relation to an application for a European Professional Card U.K.

44.—(1) This regulation applies to an application to a designated competent authority in the United Kingdom for a European Professional Card by way of recognition of a professional qualification M1 .

(2) Where this Part applies to an applicant, the applicant may choose either to make an application under this Part or to make an application under the procedures provided for in regulations 15 to 17 and regulation 29.

(3) The designated competent authority must receive and consider applications and take the actions and decisions referred to in these Regulations.

(4) The designated competent authority must provide applicants with access to an online tool provided by the Commission that creates an IMI file.

(5) Where a designated competent authority also allows for written applications, it must arrange for the creation of an IMI file, any information to be sent to the applicant and the issue of a European Professional Card.

(6) Within one week of receipt of the application, the designated competent authority must acknowledge receipt of the application and inform the applicant of any missing document.

(7) Where applicable, the designated competent authority must issue any supporting certificate required under these Regulations.

(8) The designated competent authority must verify whether—

(a) the applicant is legally established in the United Kingdom; and

(b) any necessary documents that have been issued in the United Kingdom are valid and authentic.

(9) Subject to paragraph (10), in cases of justified doubt, the designated competent authority may consult any relevant body that has issued the documents and may request certified copies of documents from the applicant within a reasonable deadline.

(10) In the case of subsequent applications, the designated competent authority may not request re-submission of documents in the IMI file which are still valid.

(11) The designated competent authority may charge a reasonable fee to cover the costs of processing an application for a European Professional Card.

(12) In this Part, a reference to a designated competent authority includes a reference to an assistance centre.

(13) In this Part, a reference to a designated competent authority in the home or host State means a designated competent authority in the home or host state where that home or host state is the UK.

Marginal Citations

M1 The subject matter and procedure for issue of a European Professional Card are set out in the Implementing Regulation 2015.

Processing and access to data regarding the European Professional Card U.K.

45.—(1) The designated competent authorities in the home and host States must update the IMI file of a holder of a European Professional Card in a timely manner by—

(a) the addition of information regarding disciplinary actions or criminal sanctions which—

(i) relate to a prohibition or restriction,

(ii) have consequences for the pursuit of activities by the holder;

(b) the deletion of information regarding disciplinary actions or criminal sanctions that is no longer required.

(2) The designated competent authority providing the update must immediately inform the following of any update—

(a) the holder of the European Professional Card

(b) competent authorities that have access to the corresponding IMI file.

(3) Such update must comply with European and domestic legislation on personal data protection rules, including processing of personal data and free movement of such data set out in Directive 95/46/EC and Directive 2002/58/EC.

(4) The content of information updates must be limited to—

(a) the identity of the individual,

(b) the profession concerned,

(c) information about a national authority or court which has adopted the decision on restriction or prohibition,

(d) scope of the restriction or prohibition and

(e) the period for which the restriction or prohibition applies.

46.—(1) Access to the information on the IMI file must be limited to the designated competent authorities of home and host States in accordance with Directive 95/46/EC.

(2) The designated competent authorities of home and host State must provide the holder of the European Professional Card with information on the content of the IMI file of that holder on request.

(3) Without prejudice to paragraph (1) the designated competent authorities of host States must permit employers, customers, patients, public authorities and other interested parties to verify the authenticity and validity of a European Professional Card presented to them by the holder.

47.  A designated competent authority must only include on the European Professional Card—

(a) information that is necessary to ascertain its holder's right to exercise the profession for which it has been issued namely the holder's name, surname, date and place of birth, profession, formal qualifications and the applicable regime and competent authorities involved, card number, security features and reference to a valid proof of identity;

(b) information relating to professional experience acquired, or compensation measures passed by the holder of the card in the IMI file.

48.—(1) A designated competent authority may process personal data included in the IMI file for as long as it is needed for the purposes of recognition of professional qualifications and as evidence of the recognition or of the transmission of the declaration required under regulation 15.

(2) The relevant designated competent authorities processing personal data in the European Professional Card or IMI file are controllers within the meaning of Article 2(d) of Directive 95/46//EC.

49.—(1) The holder of the European Professional Card has the right, at any time and at no cost, to request the rectification of inaccurate or incomplete data or the deletion or blocking of the IMI file concerned.

(2) The designated competent authorities of the home and host States shall inform the holder of the card of the right referred to in paragraph (1) at the time the European Professional Card is issued, and remind the holder of such right every two years after that time.

(3) In the case where the application for the European Professional Card was submitted online, the reminder under paragraph (2) must be sent automatically using IMI.

(4) Where the holder of a European Professional Card issued for the purposes of establishment or temporary and occasional provision of services for professions having public health or safety implications requests deletion of the IMI file, the designated competent authority of the host state must issue the holder of professional qualifications with evidence attesting to the recognition of that holder's professional qualifications.

Issue of European Professional Card for temporary and occasional provision of service other than those having public health or safety implications U.K.

50.—(1) Where an applicant applies for a European Professional Card in respect of professions other than those having public health or safety implications, the designated competent authority in the home State must—

(a) verify the application and supporting documents;

(b) issue the European Professional Card within—

(i) three weeks of receipt of the application, or

(ii) three weeks of receipt of any documents identified under regulation 44(6).

(2) The period of three weeks referred to in paragraph (1) starts on receipt of any missing documents referred to in regulation 44(6), or if there are none, upon the expiry of one week of receipt of the application.

(3) The designated competent authority must transmit the European Professional Card immediately to the competent authority of each host State requested in the application and inform the applicant.

(4) The designated competent authority in the host State may not require a further declaration under regulation 15 for a period of 18 months from the date of issue of the European Professional Card.

(5) The designated competent authority in the home State may on request issue an extension to the European Professional Card in respect of—

(a) services to be provided for a period over 18 months;

(b) services in other host States than that initially mentioned in the original application,

and will issue such extension on a case by case basis provided that the holder of the European Professional Card provides any information on material changes in the situation as set out in the IMI file relating to the application.

(6) The designated competent authority in the home State must transmit the updated European Professional Card to the relevant host states.

(7) The European Professional Card is valid in the entire territory of any relevant host State for the duration of the holder's right to practise on the basis of the documents and information on their IMI file.

Issue of European Professional Card for temporary and occasional provision of services having public health or safety implications U.K.

51.—(1) Where an applicant applies for a European Professional Card for the temporary and occasional provision of services in respect of professions having public health or safety implications the designated competent authority in the home State must within one month verify the authenticity and validity of the supporting documents in the IMI file.

(2) The period of one month starts upon receipt of any missing documents referred to in regulation 44(6), or if there are none, upon the expiry of one week of receipt of the application.

(3) The designated competent authority in the home State must then transmit the application immediately to the competent authority of the host State and inform the applicant of the status of the application at the same time.

(4) The actions taken by the designated competent authority in the home State under paragraph (1) replace any application for recognition of professional qualifications under the national law of the host State.

52.—(1) In the case of an application under regulation 51, the designated competent authority of the host State must decide whether to issue a European Professional Card or to subject the applicant to compensation measures within two months of receipt of the application submitted by the designated competent authority of the home State.

(2) In case of justified doubts, the designated competent authority of the host State may request additional information from, or the inclusion of a certified copy of a document by, the designated competent authority of the home State.

(3) In the case referred to in paragraph (2) the designated competent authority in the home State must provide the information or document within two weeks of the submission of the request.

(4) The request for additional information or documents referred to in paragraph (2) will not prevent the obligation to issue within the two month period referred to in paragraph (1), subject to an extension permitted under regulation 54.

(5) If the designated competent authority does not receive the information required to make a decision on the application from either the designated competent authority in the home State or the applicant, it may refuse to issue the card, but such refusal must be duly justified.

53.  Where the designated competent authority fails to take a decision within the time limits set out in regulation 52(1) or fails to organise an aptitude test in accordance with regulation 20, the European Professional Card will be deemed to be issued and will be sent automatically through IMI to the applicant.

54.—(1) The designated competent authority in the host State can extend by two weeks the deadlines set out in regulation 52(1) for the automatic issue of the European Professional Card.

(2) The designated competent authority must explain the reason for the extension and inform the applicant.

(3) Such extension may be repeated once when strictly necessary, in particular for reasons relating to public health or safety of service recipients.

55.  The European Professional Card is valid in the entire territory of any relevant host state for the duration of the holder's right to practise on the basis of the documents and information on their IMI file.

Issue of European Professional Card for establishment U.K.

56.—(1) Where an applicant applies for a European Professional Card for establishment the designated competent authority in the home State must within one month verify the authenticity and validity of the supporting documents in the IMI file.

(2) The period of one month starts upon receipt of any documents identified under regulation 44(6), or if there are none, upon the expiry of one week of receipt of the application.

(3) The designated competent authority in the home State must then transmit the application immediately to the designated competent authority of the host State and inform the applicant of the status of the application at the same time.

(4) The actions taken by the designated competent authority in the home State under paragraph (1) replace any application for recognition of professional qualifications under the national law of the host State.

57.—(1) The designated competent authority of the host State must decide whether to issue a European Professional Card or to subject the professional to compensation measures within two months of receipt of the application submitted by the designated competent authority of the home State.

(2) In case of justified doubts, the designated competent authority of the host State may request additional information from, or the inclusion of a certified copy of a document by, the designated competent authority of the home State.

(3) In the case referred to in paragraph (2) the designated competent authority in the home State must provide the information or document within two weeks of the submission of the request.

(4) The request for additional information or documents referred to in paragraph (2) will not prevent the obligation to issue within the two month period referred to in paragraph (1), subject to an extension permitted under regulation 61.

58.—(1) In cases falling under regulation 35 and common training principles under Articles 49a and 49b of the Directive, the competent authority in the host State must decide, within one month of receipt of the application transmitted by the designated competent authority of the home State, whether to issue a European Professional Card.

(2) In case of justified doubts, the designated competent authority of the host State may request additional information from, or the inclusion of a certified copy of a document by, the competent authority of the home State.

(3) In the case referred to in paragraph (2), the designated competent authority of the home State must provide the information or document within two weeks of submission of the request.

(4) The request for additional information referred to in paragraph (2) shall not prevent the obligation to issue within the one month period referred to in paragraph (1), subject to an extension permitted under regulation 61.

59.  If the designated competent authority in the host State does not receive the information required to make a decision on the application from either the designated competent authority in the home State or the applicant, it may refuse to issue the card, but such refusal must be duly justified.

60.  Where the designated competent authority in the host State fails to take a decision within the time limits set out in regulations 57(1) and 58(1) the European Professional Card will be deemed to be issued and will be sent automatically through IMI to the applicant.

61.—(1) The designated competent authority in the host State can extend by two weeks the deadlines set out in regulations 57(1) and 58(1) for the automatic issue of the European Professional Card.

(2) The designated competent authority must explain the reason for the extension and inform the applicant.

(3) Such extension may be repeated once when strictly necessary, in particular for reasons relating to public health or safety of service recipients.

Decision on issue or revocation of the European Professional Card U.K.

62.—(1) The decision of a designated competent authority or the absence of a decision by a designated competent authority to issue a European Professional Card is subject to appeal in accordance with regulation 68.

(2) The designated competent authority must inform the applicant of the right to appeal a decision to refuse to issue a European Professional Card and of the availability of judicial remedies.

(3) The designated competent authority must provide justification for any decision to refuse to issue a European Professional Card.

63.—(1) A decision by a designated competent authority to revoke a European Professional Card that it has issued in duly justified cases is subject to appeal in accordance with regulation 68.

(2) The designated competent authority must inform the holder of the European Professional Card of the right to appeal the decision and the availability of judicial remedies.

(3) The designated competent authority must provide justification for the decision to revoke the European Professional Card.