The European Commission decided to refer Cyprus and Malta to the Court of Justice of the European Union for incorrect transposition of EU rules on the recognition of professional qualifications.
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The current national rules create unjustified obstacles to the recognition of professional qualifications cross-border and therefore obstruct professional mobility.
EU rules have contributed to the creation of a modern system for the recognition of professional qualifications and experience across the EU.
They make it easier for professionals to provide their services in different Member States, whilst guaranteeing an improved level of protection for consumers and citizens.
According to the Commission:
• The Cypriot legislation imposes unjustified preconditions for the recognition of professional qualifications of engineers and architects and does not fully ensure the automatic recognition for architects;
• The Maltese legislation imposes additional trainings and language requirements on medical and para-medical professions. In addition, it imposes excessive procedural and documentary requirements for veterinarians who wish to provide temporary services in Malta.
As the Commission considers that Cyprus and Malta are still in breach of EU rules, it has decided to refer the cases to the Court of Justice of the European Union.
Those infringement cases target obstacles on the skilled professionals in the construction sector, such as architects, engineers, electricians and gas installers.
The construction sector has been identified as a priority sector in a recent Commission Communication ‘Single Market at 30'.
Furthermore, the Commission action focused on the barriers to medical and para-medical professions, veterinarians as well as on the obstacles resulting from excessive language requirements impacting the recognition of professional qualifications more generally.
The Professional Qualifications Directive 2005/36/EC is an essential EU legislative instrument allowing the recognition of diplomas and of professional qualifications in another EU Member State.
It is a policy priority to ensure the correct transposition and application of that Directive to safeguard the single market rights for professionals, in particular for their mobility.
In addition to the present referral, the Commission also sent a letter of formal notice to Germany as well as a reasoned opinion to Belgium, Cyprus and Romania for breaches of the Professional Qualifications Directive. ■