TITLE V

ADMINISTRATIVE COOPERATION AND RESPONSIBILITY TOWARDS CITIZENS FOR IMPLEMENTATION

Transparency
Article 59
1
Member States shall notify to the Commission a list of existing regulated professions, specifying the activities covered by each profession, and a list of regulated education and training, and training with a special structure, referred to in point (c)(ii) of Article 11, in their territory by
18 January 2016
. Any change to those lists shall also be notified to the Commission without undue delay. The Commission shall set up and maintain a publicly available database of regulated professions, including a general description of activities covered by each profession.
2
By
18 January 2016
, Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary under Article 7(4). Member States shall provide the Commission with a specific justification for the inclusion of each of those professions on that list.
3
Member States shall examine whether requirements under their legal system restricting the access to a profession or its pursuit to the holders of a specific professional qualification, including the use of professional titles and the professional activities allowed under such title, referred to in this Article as
‘
requirements
’
are compatible with the following principles:
a
requirements must be neither directly nor indirectly discriminatory on the basis of nationality or residence;
b
requirements must be justified by overriding reasons of general interest;
c
requirements must be suitable for securing the attainment of the objective pursued and must not go beyond what is necessary to attain that objective.
4
Paragraph 1 shall also apply to professions regulated in a Member State by an association or organisation within the meaning of Article 3(2) and any requirements for membership of those associations or organisations.
5
By
18 January 2016
, Member States shall provide the Commission with information on the requirements they intend to maintain and the reasons for considering that those requirements comply with paragraph 3. Member States shall provide information on the requirements they subsequently introduced, and the reasons for considering that those requirements comply with paragraph 3, within six months of the adoption of the measure.
6
By
18 January 2016
, and every two years thereafter, Member States shall also submit a report to the Commission about the requirements which have been removed or made less stringent.
7
The Commission shall forward the reports referred to in paragraph 6 to the other Member States which shall submit their observations within six months. Within the same period of six months, the Commission shall consult interested parties, including the professions concerned.
8
The Commission shall provide a summary report based on the information provided by Member States to the Group of Coordinators established under Commission Decision 2007/172/EC of
19 March 2007
setting up the group of coordinators for the recognition of professional qualifications
, which may make observations.
9
In light of the observations provided for in paragraphs 7 and 8, the Commission shall, by
18 January 2017
, submit its final findings to the European Parliament and the Council, accompanied where appropriate by proposals for further initiatives.
OJ L 79, 20.3.2007, p. 38 .
Substituted 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).