Directive 2005/36/EC of the European Parliament and of the CouncilShow full title

[F1 Article 56a U.K. Alert mechanism

1. The competent authorities of a Member State shall inform the competent authorities of all other Member States about a professional whose pursuit on the territory of that Member State of the following professional activities in their entirety or parts thereof has been restricted or prohibited, even temporarily, by national authorities or courts:

(a) doctor of medicine and of general practice possessing evidence of a formal qualification referred to in points 5.1.1 and 5.1.4 of Annex V;

(b) specialist doctor of medicine possessing a title referred to in point 5.1.3 of Annex V;

(c) nurse responsible for general care possessing evidence of a formal qualification referred to in point 5.2.2 of Annex V;

(d) dental practitioner possessing evidence of a formal qualification referred to in point 5.3.2 of Annex V;

(e) specialist dentists possessing evidence of a formal qualification referred to in point 5.3.3 of Annex V;

(f) veterinary surgeon possessing evidence of a formal qualification referred to in point 5.4.2 of Annex V;

(g) midwife possessing evidence of a formal qualification referred to in point 5.5.2 of Annex V;

(h) pharmacist possessing evidence of a formal qualification listed in point 5.6.2 of Annex V;

(i) holders of certificates mentioned in point 2 of Annex VII attesting that the holder completed a training which satisfies the minimum requirements listed in Articles 24, 25, 31, 34, 35, 38, 40, or 44 respectively, but which started earlier than the reference dates of the qualifications listed in points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 of Annex V;

(j) holders of certificates of acquired rights as referred to in Articles 23, 27, 29, 33, 33a, 37, 43 and 43a;

(k) other professionals exercising activities that have patient safety implications, where the professional is pursuing a profession regulated in that Member State;

(l) professionals exercising activities relating to the education of minors, including in childcare and early childhood education, where the professional is pursuing a profession regulated in that Member State.

2. Competent authorities shall send the information referred to in paragraph 1 by way of alert via IMI at the latest within three days from the date of adoption of the decision restricting or prohibiting pursuit of the professional activity in its entirety or in part by the professional concerned. That information shall be limited to the following:

(a) the identity of the professional;

(b) the profession concerned;

(c) information about the national authority or court adopting the decision on restriction or prohibition;

(d) the scope of the restriction or the prohibition; and

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

3. The competent authorities of a Member State concerned shall, at the latest within three days from the date of adoption of the court decision, inform the competent authorities of all other Member States, by way of alert via IMI, about the identity of professionals who have applied for the recognition of a qualification under this Directive and who have subsequently been found by courts to have used falsified evidence of professional qualifications in this context.

4. The processing of personal data for the purpose of the exchange of information referred to in paragraphs 1 and 3 shall be carried out in accordance with Directives 95/46/EC and 2002/58/EC. The processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001.

5. The competent authorities of all Member States shall be informed without delay when a prohibition or a restriction referred to in paragraph 1 has expired. For that purpose, the competent authority of the Member State which provides the information in accordance with paragraph 1 shall also be required to provide the date of expiry as well as any subsequent change to that date.

6. Member States shall provide that professionals, in respect of whom alerts are sent to other Member States, are informed in writing of decisions on alerts at the same time as the alert itself, may appeal under national law against the decision or apply for rectification of such decisions and shall have access to remedies in respect of any damage caused by false alerts sent to other Member States, and in such cases the decision on the alert shall be qualified to indicate that it is subject to proceedings by the professional.

7. Data regarding alerts may be processed within IMI for as long as they are valid. Alerts shall be deleted within three days from the date of adoption of the revoking decision or from the expiry of the prohibition or the restriction referred to in paragraph 1.

8. The Commission shall adopt implementing acts for the application of the alert mechanism. Those implementing acts shall include provisions on the authorities entitled to send or receive alerts and on the withdrawal and closure of alerts, and measures to ensure the security of processing. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).]

Textual Amendments

F1 Inserted by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (Text with EEA relevance).