EUROPEAN COMMISSION

Strasbourg, 15.9.2026

COM(2026) 995 final

2026/0273(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2005/36/EC as regards the digitalisation of procedures and recognition of professional qualifications issued outside the Union and Regulation (EU) No 1024/2012

(Text with EEA relevance)

{SEC(2026) 995 final} - {SWD(2026) 995 final} - {SWD(2026) 996 final} - {SWD(2026) 997 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

•Consistency with existing policy provisions in the policy area

•Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

•Subsidiarity (for non-exclusive competence)

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

•Collection and use of expertise

•Impact assessment

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Explanatory documents (for directives)

•Detailed explanation of the specific provisions of the proposal

2026/0273 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2005/36/EC as regards the digitalisation of procedures and recognition of professional qualifications issued outside the Union and Regulation (EU) No 1024/2012

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46, Article 53(1) and Article 62 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 3 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The Single Market is a cornerstone of European integration and a key driver of the Union’s competitiveness, prosperity and resilience. Its full potential depends, inter alia, on enabling people to move freely across the Union and to put their skills and qualifications to use wherever they are needed. Facilitating mobility contributes to a better allocation of skills across the Union, helps address labour and skills shortages and strengthens the capacity of the Union economy to respond to changing economic and demographic needs. Therefore, remaining barriers to the mobility of professionals should be reduced. This is particularly important in the field of regulated professions, where access to or pursuit of a professional activity is subject to the possession of specific professional qualifications. Differences in national qualification requirements may raise obstacles to the mobility of qualified professionals between Member States.

(2)Directive 2005/36/EC of the European Parliament and of the Council 4 sets out the rules governing the recognition of professional qualifications for access to and pursuit of regulated professions and is a crucial instrument supporting the mobility of workers and services within the Single Market. It establishes a Union framework for the recognition of professional qualifications and thereby plays a central role in enabling professionals to exercise their right to free movement while ensuring that the requirements governing access to regulated professions in the host Member State are appropriately taken into account. In order to further facilitate professional mobility within the Single Market, that framework should be modernised and made simpler, faster and more efficient, in particular by making better use of digital tools, streamlining recognition procedures and strengthening administrative cooperation between competent authorities.

(3)Directive 2005/36/EC, which lays down rules governing the recognition of professional qualifications of Union citizens, already contains specific rules concerning qualifications obtained in third countries. In particular, its Article 2(2) provides that each Member State may, in accordance with its national rules, permit Member State nationals holding evidence of professional qualifications obtained in a third country to pursue a regulated profession on its territory and that, in the case of professions covered by Title III, Chapter III, that recognition is to respect the minimum training conditions laid down in that Chapter. In addition, Article 3(3) of Directive 2005/36/EC, first sentence, read in conjunction with Article 10, point (g), ensures that, where a Member State national has obtained recognition of their third-country qualification in one Member State and has three years of certified professional experience in that profession within the same Member State, their third-country qualification is to be regarded as evidence of formal qualifications under that Directive, which should entitle them to recognition of their evidence of professional qualifications under the general system when seeking access to the profession in another Member State. With the adoption of [Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals 5 ], establishing a framework for the recognition, for the purpose of establishment, of third-country qualifications held by third-country nationals, it is appropriate to ensure that Directive 2005/36/EC also establishes a coordinated approach to the recognition of qualifications obtained by Member State nationals outside the Union.

(4)To that end, the necessary adjustments should be made to Directive 2005/36/EC to ensure coherence between the two legal acts. It is therefore necessary to include a new Title Va of Directive 2005/36/EC so as to ensure that each Member State develops appropriate procedures for the recognition of professional qualifications obtained outside the Union held by nationals of a Member State. Such procedures should ensure that nationals of a Member State seeking recognition of their professional qualifications in a host Member State for the purposes of establishment are not subject to rules that are less favourable than those applicable to the third-country nationals seeking recognition of their professional qualifications in that Member State.

(5)The distinction between, and underlying logic of, the general system of recognition and the system of automatic recognition established by Directive 2005/36/EC should be preserved, while taking due account of the specificities of qualifications awarded outside the Union to ensure that the conditions required for access to and pursuit of the profession in the host Member State are met.

(6)In its Special Report 10/24 on the recognition of professional qualifications in the Union, 6 the European Court of Auditors considered that, while Directive 2005/36/EC is an essential mechanism, it is used sparsely and inconsistently. To improve the system of recognition of professional qualifications, it notably recommended annual updating of Annex V to that Directive, reducing the deadline for recognition through the automatic system that benefits professions for which mandatory minimum training requirements are set under the Directive, as well as ensuring reliable and consistent information for citizens.

(7)Procedures for the recognition of professional qualifications can come with a high burden for applicants. Professionals seeking recognition of qualifications acquired in another Member State are required to submit multiple supporting documents, including certified copies and translations, sometimes in paper form, and to bear fees which vary considerably between Member States. Such requirements may discourage professionals from pursuing opportunities in other Member States. Reducing the reliance on physical documents while ensuring access to underlying information is therefore key to facilitate the free movement of professionals within the Union.

(8)While most procedures for the recognition of professional qualifications under Directive 2005/36/EC are completed within the applicable timeframes, persistent delays in some cases continue to affect applicants and may hinder the timely access to regulated professions. Such delays can entail significant costs or lost opportunities for applicants while also affecting employers awaiting the recruitment of qualified professionals, particularly in sectors facing labour and skills shortages. It is therefore necessary to modernise, simplify and improve the efficiency of procedures for the recognition of professional qualifications by laying down precise deadlines for the exchange of information and for mutual assistance between the competent authorities of the host Member State and those of the home Member State.

(9)To be able to submit complete recognition applications, applicants should be provided with reliable information to support them in the process of recognition of their qualifications. They should be able to understand, at an early stage, whether and under which conditions they may access a regulated profession in another Member State. It is therefore necessary to ensure that clear, trustworthy and up-to-date information is available for applicants before starting a procedure and that they are appropriately guided towards the relevant profession, applicable national rules and required supporting documents.

(10)The European Professional Card introduced by Directive 2013/55/EU of the European Parliament and of the Council 7 has remained confined to a limited number of professions and, given its case-specific design, has not proven capable of being scaled up into a broader or more comprehensive solution for the recognition of professional qualifications. To ensure a smooth and orderly transition to that solution, the European Professional Card (EPC) should therefore be phased out gradually. To that end, Member States should, during a limited transitional period, continue issuing the EPC.

(11)To facilitate the recognition of professional qualifications, a common Union IT solution, the European Digital Recognition Solution, should be established at Union level to support the digitalisation of procedures for the recognition of professional qualifications. That system should provide a common digital infrastructure enabling applicants to submit applications and supporting documents, including by reusing relevant data from national identity or credential systems, and to receive information on the status and outcome of their applications. It should facilitate secure and efficient cooperation between competent authorities, reduce administrative burden and undue delays, and simplify procedures for applicants and competent authorities. It should also contribute to the consistent application and uniform implementation of Directive 2005/36/EC across Member States, while fully respecting data protection requirements and the organisation and functioning of national administrative systems.

(12)The introduction of stricter procedural timeframes for the exchange of information and mutual assistance between the competent authorities should be accompanied with measures that support Member States in making that cooperation more efficient through a common digital workflow. The European Digital Recognition Solution should therefore support secure communication, full traceability of procedural steps, legal certainty and the timely handling of applications.

(13)The use of digital solutions should contribute to the more efficient organisation of procedures for the recognition of professional qualifications. To that end, based on the digital qualification attestations made available under [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724] 8 , applicants should be able to obtain, by digital means, formal evidence of qualifications issued by the competent authorities of the home Member State and to verify, prior to submission, whether their application is complete, including as regards the adequacy of supporting documents and translations. Digital tools should also support competent authorities in the assessment of applications, including the examination of supporting evidence, facilitate the secure exchange of information with authorities in other Member States, and improve communication with the applicants. These improvements should contribute to shorter processing times for applications and to a reduction in the applicable deadlines.

(14)The Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council 9 , is a tool supporting administrative cooperation between competent authorities in the recognition of professional qualifications under Directive 2005/36/EC. The European Digital Recognition Solution established under Directive 2005/36/EC should build on and interoperate with IMI, avoiding duplication of communication channels and preserving the accumulated functionality of the existing tool. The Annex to that Regulation should be amended in accordance with the amendments to the provisions of this Directive.

(15)Regulation (EU) 2018/1724 of the European Parliament and of the Council 10 established the Single Digital Gateway and the Once-Only Technical System, enabling the cross-border exchange of evidence between competent authorities without requiring users to resubmit documents already held by another public authority. Its continued implementation can support more efficient recognition procedures by allowing supporting documents exchanged through the Once-Only Technical System to be used within the European Digital Recognition Solution, reducing the burden on applicants to obtain and submit certified copies of evidence already available through public registers or authorities in another Member State.

(16)The publicly available database of regulated professions referred to in Article 59(1) of Directive 2005/36/EC set up and maintained by the Commission provides a centralised overview of professions that are regulated in each Member State, the applicable legal provisions, and the competent authorities responsible. To ensure legal certainty and consistency, that database should constitute the single authoritative source of information on the regulatory status of professions across the Union, and Member States should keep the information they notify complete, accurate and up to date.

(17)Language barriers can complicate and delay recognition procedures. Recent advances in machine translation, including the Commission's eTranslation service, make it possible to process documents submitted in another official language of the Union by facilitating understanding of their content. The continuous improvement in the quality of machine translation is steadily increasing confidence in translated documents and is reshaping the contribution of human translators towards quality assurance and verification. Competent authorities should therefore be able to rely on machine translation integrated into the European Digital Recognition Solution to facilitate the handling of applications, while preserving the possibility of requesting a certified human translation where appropriate.

(18)To support the digitalisation of procedures under Directive 2005/36/EC, the European Digital Recognition Solution, which would be built on a Union-wide infrastructure for digital qualification attestations should allow applicants to use and share trusted digital evidence across borders more efficiently. The European Digital Recognition Solution established by this Directive constitutes a cross-border digital public service within the meaning of Regulation (EU) 2024/903 of the European Parliament and of the Council (Interoperable Europe Act) 11 and is subject to the requirements laid down in that Regulation, including the obligation to carry out an interoperability assessment. In accordance with the requirements applicable to European Digital Identity Wallets under Regulation (EU) 910/2014 of the European Parliament and of the Council 12 , the European Digital Recognition Solution should be interoperable with the EU Digital Identity Wallet so that applicants can submit, reuse and securely share, under their control, pre-authenticated digital documents stored therein, including evidence of formal qualifications. By relying on standardised digital qualification attestations and interoperable systems, such a framework should help competent authorities access reliable and up-to-date information more quickly, accelerate verification, reduce repeated requests for the same evidence, and support faster, more consistent recognition decisions across Member States.

(19)To support the digitalisation of recognition procedures under Directive 2005/36/EC, Member States should ensure the secure receipt and verification of credentials, as well as their use in the digital processing of recognition requests and the issuance of recognition decisions. The European Digital Recognition Solution should further reinforce confidence of applicants and employers in the use of digital evidence in cross-border recognition procedures for regulated professions. Digital qualification attestations issued in accordance with [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724] should enable competent authorities to rely on their authenticity without carrying out further checks. For other documents submitted in support of recognition requests, where checks of authenticity are necessary, greater digitalisation should enable competent authorities to carry out such checks more efficiently and consistently, helping to detect irregularities and prevent fraudulent submissions.

(20)To guarantee equal treatment and effective access, applicants who are unable to undergo the procedure by electronic means only, including due to limited digital skills, should not be disadvantaged in the exercise of their rights under Directive 2005/36/EC. Member States should make appropriate arrangements to enable such applicants to pursue the relevant procedures by non-electronic means, while ensuring that their applications are handled with the same diligence, without undue delay and subject to the same procedural safeguards as applications submitted through the digital solution. In this context, documents submitted in the course of such procedures may be provided in different formats, including paper documents that have been scanned and converted into electronic form, as well as electronic documents including electronic attestations of attributes set out in Commission Implementing Regulation (EU) 2024/2979 13 . The use of different formats should not lead to discrimination against the applicant provided that the authenticity, integrity and, where relevant, origin of the documents can be appropriately assessed. Where an applicant makes use of non-electronic means for justified reasons, Member States should ensure that the competent authority, or another designated body, enters the necessary data and documents into the digital system without undue delay and keeps the applicant appropriately informed of the progress of the procedure. Member States should also provide adequate technical and digital support to applicants using the digital solution, in particular to those with limited digital skills, to ensure effective access on an equal basis.

(21)Competent authorities may, in the examination of applications for the recognition of professional qualifications, be assisted by the European Digital Recognition Solution. Such assistance could entail the assessment of the completeness of applications with respect to the appropriate information and relevant evidence provided, the authenticity of documents submitted, the identification of substantial differences between the training evidenced by the applicant and the national training requirements, the indication of possible compensation measures (aptitude tests or adaptation periods) in accordance with Directive 2005/36/EC, and the identification of similar previously assessed cases with a view to promoting consistency in decision-making.

(22)The Commission and Member States, in their respective capacities as processor and controllers, within the meaning of Article 29(3) of Regulation (EU) 2018/1725 of the European Parliament and of the Council 14 and Article 28(3) of Regulation (EU) 2016/679 of the European Parliament and of the Council 15 , should implement appropriate technical and organisational measures to safeguard personal data against unauthorised access, accidental loss, or unlawful processing.

(23)Where an excessive delay is attributable to the competent authority and not to the applicant, it should entitle the latter to an appropriate and proportionate compensation for the economic disadvantage caused by the delay.

(24)The benefits of automatic recognition could be further extended to additional professions through fuller use of the mechanism established by Directive 2005/36/EC for the development of common training frameworks. Where a common set of minimum knowledge, skills and competences necessary for the pursuit of a specific profession can be identified and is shared by at least one third of the Member States, common training frameworks can provide an effective means of promoting professional mobility while respecting national regulatory approaches and training systems. To attain this objective, a strengthened cooperation among competent authorities is needed through the Group of Coordinators established by Commission Decision 2007/172/EC 16 . While contributing to the overall consistent and effective implementation of Directive 2005/36/EC, including through the preparation of annual work programmes and the exchange of experience and best practices, the Group should also serve as a forum for outreach to and exchange with professionals, their representative organisations and social partners, including on labour market needs, quality standards and professional autonomy. In particular, it should contribute to identifying emerging common sets of knowledge, skills and competences, assessing needs and expectations in the professions, and exploring opportunities for the development of common training frameworks in accordance with this Directive.

(25)To ensure coherence, transparency and proportionality, and to avoid duplicative reporting obligations, the additional monitoring and evaluation requirements linked to the digitalisation and simplification measures introduced by this Directive should be integrated into the reporting framework established by Article 60 of Directive 2005/36/EC. Evaluation should in particular assess the functioning of the European Digital Recognition Solution, its effect on administrative burdens and procedure duration, and its impact on the mobility of professionals and addressing labour and skills shortages in the internal market.

(26)Directive 2005/36/EC and Regulation (EU) 1024/2012 should therefore be amended accordingly.

(27)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered its opinion on [date] 17 .

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2005/36/EC

Directive 2005/36/EC is amended as follows:

(1)Article 1 is replaced by the following:

'Article 1

Subject matter

1. This Directive establishes rules according to which a Member State which makes access to or pursuit of a regulated profession in its territory contingent upon possession of specific professional qualifications (‘the host Member State’) shall recognise professional qualifications obtained in one or more other Member States (‘the home Member State’) and which allow the holder of the said qualifications to access and pursue the said profession in the host Member State.

2. This Directive also establishes rules concerning partial access to a regulated profession and recognition of professional traineeships pursued in another Member State.

3. This Directive also lays down rules under which a host Member State shall recognise professional qualifications obtained in a third-country for the purpose of establishment in that Member State and which allow the holder of the said qualifications to access and pursue the profession in that Member State under conditions that are not less favourable than those for third-country nationals.';

(2)Article 2 is amended as follows:

(a)the first subparagraph of paragraph 1 is replaced by the following:

'1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession in a Member State, including those belonging to the liberal professions, on either a self-employed or employed basis, and who obtained their professional qualifications in another Member State or in a third country';

(b)paragraph 2 is deleted;

(3)Article 3 is amended as follows:

(a)paragraph 1 is amended as follows:

(i) point k is deleted;

(ii) the following point o is added:

'(o) ‘digital qualification attestation’ an attestation of a qualification that is awarded in a digital format in accordance with Regulation (EU) xxxx/xxx on portability of skills and qualifications and amending Regulation (EU) 2018/1724 18 ';

(b)paragraph 3 is deleted;

(4)Article 4 is amended as follows:

'Article 4

Effects of recognition

1. The recognition of professional qualifications by the host Member State shall allow beneficiaries to gain access in that Member State to the same profession as the one for which they are qualified in the home Member State or in the third country where they obtained their qualifications under the same conditions as its nationals.

2. For the purposes of this Directive, the profession which the applicant wishes to pursue in the host Member State shall be considered the same as the one for which they are qualified in their home Member State or in the third country if the activities covered are comparable.

3. By way of derogation from paragraph 1 of this Article, partial access to a profession in the host Member State shall be granted under the conditions laid down in Article 4f.';

(5)Articles 4a, 4b, 4c, 4d and 4e are deleted;

(6)Article 4f is amended as follows:

'Article 4f

Partial access

1. The competent authority of the host Member State shall grant partial access, for the purpose of establishment, on a case-by-case basis, to a professional activity in its territory only when all the following conditions are fulfilled:

(a)the professional is fully qualified to exercise in the home Member State or in the third country the professional activity for which partial access is sought in the host Member State;

(b)differences between the professional activity legally exercised in the home Member State or in the third country and the regulated profession in the host Member State as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and training required in the host Member State to have access to the full regulated profession in the host Member State;

(c)the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State.

For the purpose of the first subparagraph, point (c), the competent authority of the host Member State shall take into account whether the professional activity can be pursued autonomously in the home Member State or in the third country.

2. The competent authority of the host Member State shall grant partial access, for the purpose of temporary and occasional services in the host Member State, on a case-by-case basis, to a professional activity in its territory only when all the following conditions are fulfilled:

(a)the professional is fully qualified to exercise in the home Member for the professional activity for which partial access is sought in the host Member State;

(b)differences between the professional activity legally exercised in the home Member State and the regulated profession in the host Member State as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and training required in the host Member State to have access to the full regulated profession in the host Member State;

(c)the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State.

For the purpose of the first subparagraph, point (c), the competent authority of the host Member State shall take into account whether the professional activity can be pursued autonomously in the home Member State or in the third country.

3. Partial access may be rejected if such rejection is justified by overriding reasons of general interest, suitable for securing the attainment of the objective pursued, and does not go beyond what is necessary to attain that objective.

4. Applications for the purposes of establishment in a Member State shall be examined in accordance with Chapters I and IV of Title III for professionals seeking partial access based on professional qualifications obtained in their home Member State and in accordance with Title Va for professionals seeking partial access based on the professional qualifications obtained in a third country.

5. Applications for the purposes of providing temporary and occasional services in the host Member State concerning professional activities that have public health or safety implications shall be examined in accordance with Title II.

6. By way of derogation from Article 52 of this Directive, the professional activity shall be exercised under the professional title of the third country or of the other Member State once partial access has been granted. The host Member State may require use of that professional title in the languages of the host Member State. Professionals benefiting from partial access shall clearly indicate to the service recipients the scope of their professional activities.

7. This Article shall not apply to professionals benefiting from automatic recognition of their professional qualifications under the provisions referred to under Title Va of this Directive.';

(7)Article 7 is amended as follows:

(a)paragraph 1 is replaced by the following:

'1. Member States may require that, where the service provider first moves from one Member State to another in order to provide services, the service provider shall inform the competent authority in the host Member State in a written declaration to be made in advance including the details of any insurance cover or other means of personal or collective protection with regard to professional liability. Such declaration shall be renewed once a year if the service provider intends to provide temporary or occasional services in that Member State during that year.';

(b)in paragraph 4, the second subparagraph is replaced by the following:

'Within two weeks of informing the applicant that the declaration referred to in paragraphs 1 and 2 of this Article is complete, as stipulated in Article 56d(4), the competent authority shall notify the service provider of its decision which may be one of the following:

(a)not to check the professional qualifications;

(b)where the professional qualifications have been checked:

(i) to require the service provider to take an aptitude test; or

(ii) to allow the provision of services';

(8)in Article 8, paragraph 1 is replaced by the following:

'1. The competent authorities of the host Member State may ask the competent authorities of the Member State of establishment, in the event of justified doubts, to provide any information relevant to the legality of the service provider’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature. In the event that the competent authorities of the host Member State decide to check the service provider’s professional qualifications, they may ask the competent authorities of the Member State of establishment for information about the service provider’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health or safety. The competent authorities of the Member State of establishment shall provide that information in accordance with Articles 56 and 56d. In the case of non-regulated professions in the home Member State, the assistance centres referred to in Article 57b may also provide such information.';

(9)in Article 10, point (g) is deleted;

(10)Article 14 is amended as follows:

(a)in paragraph 3, the second subparagraph is replaced by the following:

'This applies also to the cases provided for in Article 10 points (b) and (c), in Article 10 point (d) concerning medical doctors and dental practitioners, in Article 10 point (f) when the migrant seeks recognition in another Member State where the relevant professional activities are pursued by nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist who have taken part in the training leading to the possession of the titles listed in Annex V, point 5.2.2.';

(b)the following paragraph 8 is added:

'8. Member States shall ensure that applicants who fail an aptitude test, or one or more tests forming part of an adaptation period, are given the opportunity to retake the respective tests. Member States shall ensure that feedback detailing assessment results and areas for improvement is provided to applicants, and that applicants are entitled to at least two further attempts to pass each test that they have failed.';

(11)in Article 21, paragraph 1 is replaced by the following:

'1. Each Member State shall recognise evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as pharmacist and as architect, listed in Annex V, points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 respectively, which satisfy the minimum training conditions referred to in Articles 24, 25, 31, 34, 35, 38, 44 and 46 respectively, and shall, for the purposes of access to and pursuit of the professional activities, give such evidence the same effect on its territory as the evidence of formal qualifications which it itself issues.

Such evidence of formal qualifications shall be issued by the competent bodies in the Member States and accompanied, where appropriate, by the certificates listed in Annex V, points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 respectively.

Member States shall ensure that any person to whom they award the evidence of formal qualifications in that Member State referred to in Annex V, points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2, and 5.7.1, may request that the relevant certificate accompanying that evidence of formal qualification, listed in Annex V, be issued as a digital qualification attestation in accordance with [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724]. Any person holding such evidence of formal qualifications and, where appropriate, the relevant certificate listed in Annex V, which was issued in a non-digital form, may request from the issuing Member State a digital qualification attestation of that certificate in accordance with [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724].

The provisions of the first and second subparagraphs shall not affect the acquired rights referred to in Articles 23, 27, 33, 37, 39 and 49.

The provisions of the third and fourth subparagraphs are without prejudice to the provisions of [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724] concerning digital qualification attestation.';

(12)in Article 25, the following paragraph 6 is inserted:

'6. In order to reflect generally acknowledged changes in the medical terminology across the Union, the Commission is empowered to adopt delegated acts in accordance with Article 57c in order to update the generic name of specialties in points 5.1.3 and 5.3.3 of Annex V. ';

(13)Articles 50 and 51 are replaced by the following:

'Article 50

Documentation and formalities

1. Where the competent authorities of the host Member State decide on an application for authorisation to pursue the regulated profession by virtue of this Title, those authorities may require solely the documents and certificates listed in Annex VII.

Where the host Member State decides to impose a requirement as to the date of issue of the documents referred to in Annex VII, points 1(d), (e) and (f), it shall accept documents issued within a specific period that may not be shorter than the three months preceding the date on which they are submitted.

The Member States, bodies and other legal persons shall guarantee the confidentiality of the information which they receive.

2. In cases of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State, as well as, where applicable, confirmation of the fact that the beneficiary fulfils, for the professions referred to in Chapter III of this Title, the minimum training conditions set out respectively in Articles 24, 25, 28, 31, 34, 35, 38, 40, 44 and 46.

3. By way of derogation from paragraph 2, Member States shall not require confirmation of authenticity where evidence of formal qualifications is submitted as a digital qualification attestation or where attestations or evidence are obtained through the technical system for the cross-border automated exchange of evidence, as established under Regulation (EU) 2018/1724 of the European Parliament and of the Council 19 . This shall be without prejudice to the possibility for Member States to verify compliance with the minimum training requirements applicable under Chapter III of this Title.

4. In cases of justified doubt, where evidence of formal qualifications has been issued by a competent authority in a Member State and includes training received in whole or in part in an establishment legally established in the territory of another Member State, the host Member State shall be entitled to verify with the competent body in the Member State of origin of the award:

(a)whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the Member State of origin of the award;

(b)whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the Member State of origin of the award;

(c)whether the evidence of formal qualifications confers the same professional rights in the territory of the Member State of origin of the award.

5. In cases of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the fact that the applicant is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of their professional activities.

6. Exchange of information between competent authorities of different Member States under this Article shall take place through the Internal Market Information system (IMI) established by Regulation (EU) 1024/2012 of the European Parliament and of the Council 20 .

7. Where a host Member State requires its nationals to swear a solemn oath or make a sworn statement in order to gain access to a regulated profession, and where the wording of that oath or statement cannot be used by nationals of the other Member States, the host Member State shall ensure that the persons concerned can use an appropriate equivalent wording.

8. Member States shall accept the documents referred to in paragraph 1 in any of the official languages of the Union.

Article 51

Procedure for the mutual recognition of professional qualifications

1. The competent authority in the host Member State shall examine an application for authorisation to practise a regulated profession without undue delay and shall adopt a duly substantiated decision within two weeks after the date on which the applicant is informed in accordance with Article 56d(4) that the application is complete and no additional information is required. That deadline may be extended by four weeks in cases falling under Chapters I and II of this Title.

2. The decision of the competent authority, or failure to reach a decision within the period laid down in paragraph 1, shall be subject to appeal under national law.';

(14)the following Article 51a is inserted:

'Article 51a

Fees and charges

1. A host Member State shall either waive fees for recognition procedures and compensation measures or ensure that any fees charged do not exceed the actual costs incurred in providing the service to applicants.

2. By way of derogation from paragraph 1, Member States may impose flat-rate charges if they can be justified by the average cost of providing the service to applicants.

3. Any potential or actual damage claims or compensations that could be derived from the non-respect of the deadlines laid down in Article 56d shall not be considered in the calculation of costs of service or costs of processing applications.

4. Member States shall ensure that detailed information on the structure of the fee and justification for any charges imposed as part of the recognition process is publicly available and easily accessible.

5. Through IMI or another electronic interface that the Commission shall make available for that purpose, each Member State shall notify the Commission of the fees charged for recognition procedures and for compensation measures for each profession. Through the same interface, each Member State shall notify any changes to these fees before these changes take effect.';

(15)in Article 53(3), the second subparagraph is replaced by the following:

'Controls may be carried out only after the recognition of a professional qualification.';

(16)in Article 56, paragraph 2 is replaced by the following:

'2. The competent authorities of the home and the host Member States shall exchange information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under this Directive.

The competent authorities of the home Member State shall examine the veracity of the circumstances and shall decide on the nature and scope of the investigations which need to be carried out and shall inform the competent authorities of the host Member State of the conclusions which the competent authorities of the home Member State draw from the information available to them.';

(17)the following Articles 56b, 56c, 56d, 56e and 56f are inserted:

'Article 56b

European Digital Recognition Solution

1. The Commission shall establish and maintain a comprehensive European Digital Recognition Solution ('the EDRS'), available in all official languages of the Union, which shall provide a platform for the submission of declarations made in accordance with Article 7 and for applications for recognition of professional qualifications under Title III.

2. The EDRS shall provide the following functions:

(a)allow competent authorities to configure the evidence that a professional is required to provide when applying for the recognition of professions notified pursuant to Article 59(1), and the evidence that a professional must provide for prior checks pursuant to Article 7(4);

(b)allow applicants to create, edit, withdraw, and monitor any declarations made in accordance with Article 7 or any applications for recognition under Title III;

(c)allow applicants to provide all required supporting evidence from a range of sources and in various formats, including scanned paper documents, electronic attestations of attributes stored in a European Digital Identity Wallet in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council 21 , and documents requested through the technical system for the cross-border automated exchange of evidence established under Regulation (EU) 2018/1724 of the European Parliament and of the Council;

(d)perform an initial automated assessment of the completeness of the application and accompanying supporting evidence before the applicant submits the declaration or application;

(e)make applications and declarations with supporting evidence accessible to the host Member State;

(f)acknowledge receipt of the application to the applicant.

For the purposes of the first subparagraph, point (a), the solution shall allow competent authorities to configure the required supporting evidence for each procedure type and profession. It shall also ensure that, for applications under Title III, the required evidence does not exceed that set out in Article 50 read in conjunction with Annex VII, and that, for the declarations made in accordance with Article 7, the required evidence does not exceed that specified in that Article.

3. The EDRS shall build on and interoperate with IMI. It shall allow direct use of the functionality of IMI for secure communication between competent authorities, and it shall facilitate secure communication of competent authorities with the applicant.

4. In the development and operation of EDRS the Commission shall ensure that it is designed to support competent authorities in their work to assess applications and to take decisions on recognition, including through machine translation of documents, and to support the verification of authenticity of evidence.

5. The EDRS shall ensure that the applicant is informed without undue delay of the completion of each stage of the procedure, and of any compensation that is due in accordance with Article 56d.

6. The Commission shall publish on its website the formats and standards the EDRS uses for the issuance, in the form of digital qualification attestations, of recognition decisions taken by Member States.

Article 56c

Digital processing of applications

1. Member States shall ensure that declarations made under Article 7 and requests for recognition under Title III are submitted through EDRS.

In cases where the applicant is not able to use EDRS, Member States shall provide the applicant with the option to submit declarations and applications in non-electronic format. In such exceptional circumstances, the Member State shall upload without undue delay the submitted information into EDRS, ensuring all submissions are processed within this EDRS, and regularly informing the applicant on the progress of the processing of the application or declaration.

2. Competent authorities shall use IMI and EDRS to exchange information that is needed for the processing of applications and declarations with the competent authorities of other Member States or with applicants.

3. Member States shall ensure that any official communication to applicants is made in all official languages of that Member State that are also official languages of the Union, and at least one other official language of the Union. Member States shall ensure that any official communication to applicants, such as acknowledgement of receipts, decisions and any other information related to the procedure, shall be transmitted through EDRS.

Article 56d

Procedure for the digital processing of applications

1. Competent authorities of the host Member State shall assess the completeness of the application and of the evidence provided and inform the applicant through EDRS of any missing documents no later than one week after submission of the application or declaration.

2. Competent authorities of the host Member State shall communicate to the home Member State any justified doubts they have on the supporting evidence issued by that Member State and identify any need for information or attestations to be provided by that Member State.

To this end, no later than one week after the submission of the complete file of the application or declaration, the host Member State shall request the home Member State to provide through EDRS the required information, confirmation or attestations needed to proceed with the application or to dispel any justified doubts.

3. Competent authorities of the home Member State shall provide any evidence or attestations that are requested through EDRS within two weeks. For procedures under Article 7(4), and Chapters I and II of Title III, this period may be extended by two additional weeks upon request of the home Member State.

4. After having access to the complete file, and having received, if required, any other supporting evidence in accordance with paragraphs (1) to (3), the host Member State shall without undue delay inform the applicant through EDRS that the application file for recognition made in accordance with Title III or the declaration made in accordance with Article 7(4) is complete and no additional information is required from the applicant or the home Member State to process the application or to perform the required prior checks.

5. For declarations made under Article 7, with the exception of those requiring a prior check pursuant to paragraph 4 of that Article, the host Member State shall inform the applicant via EDRS without undue delay after receipt of the declaration that the execution of services in its territory may start immediately.

6. In relation to procedures under Title III and to the outcome of prior checks carried out in accordance with Article 7(4), point (b), the final decision taken by the host Member State shall be issued in the form of a digital qualification attestation through EDRS.

Article 56e

Non-respect of deadlines

1. If the home Member State exceeds the deadlines set out in Article 21(1) or Article 56d(3) by more than five calendar days, it shall ensure that applicants are entitled to claim and receive compensation for the delay. The compensation shall take the form of a lump sum for each day of non-respect of the deadline, starting on the first day after the expiry of the relevant deadline and ending on the date the home Member State treated all open requests for evidence or attestations related to the application.

2. If the host Member State exceeds the deadlines set out in Article 51 or Article 56d by more than ten calendar days, it shall ensure that applicants are entitled to claim and receive compensation for the delay. The compensation shall take the form of a lump sum for each day of non-respect of the deadline, starting on the first day after the expiry of the relevant deadline and ending on the date of receipt of the final decision by the applicant. No compensation shall accrue in respect to any period between a request made by the host Member State and the date on which the home Member State or, under Title Va, the third country issuing the qualification provides the evidence or the attestations requested. Such periods shall be taken into account for the purposes of paragraph 1.

3. Member States may set a maximum amount for the total compensation payable under paragraphs 1 and 2 expressed as a specific number of daily lump sum compensations.

4. At the request of the applicant and without prejudice to paragraph 5, Member States shall pay the compensation referred to in paragraphs 1 and 2 as soon as the recognition procedure or the processing of the declaration is completed.

5. Member States shall ensure that applicants have the right to seek, in accordance with national law, compensation in respect of any damage or loss suffered exceeding the lump sum compensation due to the non-respect of deadlines by that Member State.

Article 56f

Processing of personal data

1. Processing of personal data through the EDRS shall be carried out only to the extent that is necessary for for carrying out tasks laid down in paragraphs 3, 4, 5 and 6.

2. Each Member State shall designate one or more competent authorities responsible for operating its connection to the EDRS.

3. Where the competent authorities of the home and host Member States exchange personal data through the EDRS for the purposes of this Directive, they shall act as joint controllers, within the meaning of Article 26 of Regulation (EU) 2016/679 of the European Parliament and of the Council 22 , solely in respect of the cross-border processing operations that are strictly necessary for that exchange, including the transmission, routing, receipt, consultation and technical provision of the personal data concerned through the EDRS, as well as the management of related access rights, logging, security measures and incident handling.

4. The Commission shall act as a processor, within the meaning of Article 3, point (12), of Regulation (EU) 2018/1725 of the European Parliament and of the Council 23 , on behalf of the joint controllers referred to in paragraph 3 of this Article, for the processing of personal data carried out through the EDRS. In that capacity, it shall provide, technically maintain and operate the solution, and ensure its interoperability, security, and supervision in accordance with this Directive. The processing operations carried out by the Commission on behalf of the joint controllers and the respective responsibilities of the Commission and those joint controllers shall be governed by arrangements concluded in accordance with Article 29(3) of Regulation (EU) 2018/1725 and, where applicable, Article 28(3) of Regulation (EU) 2016/679. This paragraph is without prejudice to the responsibilities of the competent authorities of the Member States, acting as controllers or joint controllers, for processing operations falling within their respective competence under this Directive.

5. The competent authority of the host Member State shall be the controller, within the meaning of Article 4, point (7), of Regulation (EU) 2016/679 for the processing of personal data necessary for the following:

(a)the handling of applications for recognition of professional qualifications;

(b)the assessment of applications, including the verification of supporting information;

(c)the adoption of decisions and the management of redress procedures;

(d)the handling of personal data related to declarations for provision of services.

6. The competent authority of the home Member State shall be the controller, within the meaning of Article 4 point (7), of Regulation (EU) 2016/679 for the processing of personal data necessary for the following:

(a)verifying qualifications or confirming the authenticity of documents;

(b)providing supporting information or documents to the applicant or to the host Member State;

(c)responding to requests for information made by the applicant and/or the host Member State, pursuant to this Directive.

7. Where the processing of personal data by the competent authorities of the host or the home Member State involves automated individual decision-making concerning the applicant, including profiling, within the meaning of Article 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council, Member States shall ensure appropriate safeguards ensuring that decisions affecting the recognition of professional qualifications are taken in a lawful, fair and transparent manner. These safeguards shall at least include:

(a)the right of the data subject (applicant) to obtain meaningful information on the use of automated processing in the examination of the application;

(b)the right of the data subject (applicant) to request that the decision be reviewed by a natural person competent to assess the application;

(c)the right of the data subject (applicant) to express his or her point of view and to submit observations or additional evidence;

(d)the right of the data subject (applicant) to contest the decision by means of the remedies available under national law.

8. Access to personal data processed pursuant to this Directive shall be limited to:

(a)the Commission, to the extent necessary for the operation, maintenance, security and supervision of the solution;

(b)the competent authorities of the host and home Member States, to the extent necessary for the performance of their tasks under paragraphs 3, 5 and 6 of this Article.

9. Personal data shall be shared between the Commission and the competent authorities of the Member States, or between the competent authorities of the host and home Member States, only to the extent necessary for the purposes of paragraphs 3, 5 and 6 of this Article. Such sharing shall not affect the responsibility of each controller for the processing operations falling within its competence.

10. Each controller referred to in paragraphs 5 and 6 shall determine, within the limits of applicable Union and national law, the retention periods for personal data applicable to the processing operations for which it is responsible. Those periods shall be proportionate and limited to what is necessary for the purposes of processing. The Commission shall ensure the automatic deletion, 36 months after the completion of the recognition procedure, of the record of that procedure and of the documents used therein from the solution, without affecting the availability of those documents through the technical system for the cross-border automated exchange of evidence established under Regulation (EU) 2018/1724 of the European Parliament and of the Council, for their subsequent reuse.

11. The Commission and the competent authorities of the Member States shall cooperate, within the scope of their respective responsibilities, to ensure the secure and lawful processing of personal data under this Directive, including as regards:

(a)access management and logging;

(b)incident handling and personal data breach notification;

(c)data quality and accuracy;

(d)the handling of requests from data subjects and supervisory authorities.';

(18)in Article 57(1), point (b) is deleted;

(19)Article 57a is deleted;

(20)Article 57c is amended as follows:

(a)paragraph 2 is replaced by the following:

'2. The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), Article 25(6), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall be conferred on the Commission for a period of five years from 17 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.';

(b)paragraph 3 is replaced by the following:

'3. The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), Article 25(6), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.';

(c)paragraph 5 is replaced by the following:

'5. A delegated act adopted pursuant to the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), Article 25(6), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.';

(21)Article 59 is replaced by the following:

'Article 59

Transparency

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 Article 11, point (c)(ii), in their territory. Any change to those lists shall also be notified to the Commission via IMI before its entry into force. 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. Member States shall notify any changes to that list to the Commission via IMI.

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, are compatible with the following principles:

(a)they shall not directly nor indirectly discriminate on the basis of nationality or residence;

(b)they shall be justified by overriding reasons of general interest;

(c)they shall be suitable for securing the attainment of the objective pursued and shall not go beyond what is necessary to attain that objective.

4. Paragraph 1 of this Article 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. Before introducing any new requirements referred to in paragraph 3, Member States shall inform the Commission and shall indicate the reasons for considering that those requirements comply with points (a), (b) and (c) of that paragraph.';

(22)the following Title Va is inserted:

'TITLE Va

RECOGNITION OF QUALIFICATIONS OBTAINED IN A THIRD COUNTRY

Article 59a

Applicable provisions

1. Member States shall establish procedures for the recognition of professional qualifications obtained in a third country. For that purpose, Chapter 2 of Title II, Article 11, Article 27, Article 29(1) and (3) to (5), Article 30(1), Article 31, Article 32(1), (2), (4) and (7) to (10) and Article 37 of [Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals  24 ] shall apply mutatis mutandis.

2. For the purposes of this Title, Article 3(1) point (c) of this Directive shall be understood as referring to diplomas, certificates and other evidence, issued by an authority in a third country designated pursuant to legislative, regulatory or administrative provisions of that third country, certifying successful completion of professional training.

3. For the purposes of paragraph 1 of this Article, Title III of this Directive shall not apply, except Article 52(1) and (2), as provided in paragraph 4 of this Article.

4. For the purposes of paragraph 1 of this Article, Article 52(1) and (2), Title IV and Title V of this Directive shall apply mutatis mutandis to the recognition of professional qualifications obtained in a third country , with the exception of Article 55a.

Article 59b

Minimum training requirements for certain professions

Where Articles 24, 25, 28, 31, 34, 35, 38, 40 and 44 of this Directive set out minimum conditions on the training for certain professions, the recognition of professional qualifications under this Title shall be contingent upon fulfilment of those minimum conditions.

Article 59c

Use of services for the assessment of authenticity

For the purposes of assessing an application within the scope of this Directive, the competent authority of a Member State may request from the Commission to assess the authenticity of qualifications, diplomas, certificates or other evidence of formal qualifications issued in a third country, pursuant to Article 28 of [Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals].';

(23)Article 60 is replaced by the following:

'Article 60

Evaluation, statistics and reporting

1. From [the date falling 4 years after the adoption of this Directive] Member States shall, every two years, send a report to the Commission on the application of the system. The report shall contain general observations and a description of the main problems arising from the application of this Directive.

2. The Commission shall, every year, provide the Group of Coordinators established under Commission Decision 2007/172/EC with a statistical summary of the processing of applications through the solution referred to in Article 56b. This summary shall include the number of decisions taken, broken down by Member State, by profession, by type of procedure and by outcome, as well as statistics on processing times and delays. This statistical summary shall not include any personal data.

3. Every five years from [the date falling 8 years after the adoption of this Directive] the Commission shall publish a report on the implementation of this Directive.

4. With a view to evaluating the functioning of EDRS referred to in Article 56b of this Directive, the first report published in accordance with paragraph 3 of this Article shall carry out an evaluation of this Directive. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions regarding the use of digital tools, the reduction of administrative burden and costs, the availability of relevant information to applicants, and the duration of recognition procedures.

5. Member States shall provide all the necessary information for the preparation of the reports referred to in paragraph 3 and 4.';

(24)the following Article 60a is inserted:

'Article 60a

Cooperation between the Commission and the Member States

1. The Commission shall cooperate with the Group of Coordinators established under Decision 2007/172/EC 25 , on matters related to the implementation of this Directive with a view to sharing best practices, identifying the need for guidance and promoting convergence among Member States.

2. The Commission shall adopt an annual work programme for the Group of Coordinators. It shall make that work programme, together with the relevant preparatory documents, publicly available.

3. The annual work programme shall include:

(a)priority topics and issues to be addressed;

(b)appropriate tools and methods to be applied;

(c)expected outputs and deliverables, including those deriving from potential work on common training frameworks in accordance with Article 49a, together with indicative timelines, where appropriate;

(d)the subgroups to be established, maintained or discontinued, together with their mandates.

4. The Commission shall submit the draft annual work programme to the Group of Coordinators for endorsement no later than at the final meeting of the preceding year.

5. The Group of Coordinators shall establish a subgroup for the digitalisation of recognition procedures. The subgroup’s tasks shall be the following:

(a)to establish cooperation between Member States’ authorities and the Commission on questions relating to the digitalisation of procedures for the recognition of professional qualifications;

(b)to facilitate the implementation of Articles 56b(4), 56c to 56e of this Directive;

(c)to liaise with other relevant recognition networks and expert groups on digitalisation, in particular the Digitalisation Group established on the basis of [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724], to ensure synergies are fully exploited.

6. The Commission may adopt work programmes for the subgroups of the Group of Coordinators upon submitting the draft work programme for endorsement by the subgroup concerned. It shall make those work programmes, together with the relevant preparatory documents, publicly available.';

(25)Annex VII is amended in accordance with the Annex to this Directive.

Article 2

Amendment to Regulation (EU) No 1024/2012

Point 2 of the Annex to Regulation (EU) No 1024/2012 is replaced by the following:

‘2. Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications: Article 8, Article 21a, Article 50, Article 51a(5), Article 56, Article 56a to 56f and Article 59(1), (2) and (5) and Article 60(1) of Directive 2005/36/EC, and in Article 11(1) of Directive (EU) 2018/958.’

Article 3

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 2 years after entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall apply the measures referred to in paragraph 1:

(a)from 2 years after entry into force of this Directive as regards Article 1, paragraphs 3(a)(i), 5, 12, 15, 18, 20 and 24;

(b)from [the date of application of Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals] as regards Article 1, paragraphs 1, 2, 3(b), 4, 6, 9, 10, 22 and 25;

(c)from [3 years after entry into force] of this Directive as regards Article 1, paragraphs 3(a)(ii), 7, 8, 11, 13, 14, 15, 16, 17, 19, 21, 23 and Art. 2.

3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 4

Entry into force

This Directive shall enter into force on the […] day following that of its publication in the Official Journal of the European Union.

Article 5

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg,

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE3

1.1.Title of the proposal/initiative3

1.2.Policy area(s) concerned3

1.3.Objective(s)3

1.3.1.General objective(s)3

1.3.2.Specific objective(s)3

1.3.3.Expected result(s) and impact3

1.3.4.Indicators of performance3

1.4.The proposal/initiative relates to:4

1.5.Grounds for the proposal/initiative4

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative4

1.5.2.Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone.4

1.5.3.Lessons learned from similar experiences in the past4

1.5.4.Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments5

1.5.5.Assessment of the different available financing options, including scope for redeployment5

1.6.Duration of the proposal/initiative and of its financial impact6

1.7.Method(s) of budget implementation planned6

2.MANAGEMENT MEASURES8

2.1.Monitoring and reporting rules8

2.2.Management and control system(s)8

2.2.1.Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed8

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them8

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure)8

2.3.Measures to prevent fraud and irregularities9

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE10

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected10

3.2.Estimated financial impact of the proposal on appropriations12

3.2.1.Summary of estimated impact on operational appropriations12

3.2.1.1.Appropriations from voted budget12

3.2.1.2.Appropriations from external assigned revenues17

3.2.2.Estimated output funded from operational appropriations22

3.2.3.Summary of estimated impact on administrative appropriations24

3.2.3.1. Appropriations from voted budget24

3.2.3.2.Appropriations from external assigned revenues24

3.2.3.3.Total appropriations24

3.2.4.Estimated requirements of human resources25

3.2.4.1.Financed from voted budget25

3.2.4.2.Financed from external assigned revenues26

3.2.4.3.Total requirements of human resources26

3.2.5.Overview of estimated impact on digital technology-related investments28

3.2.6.Compatibility with the current multiannual financial framework28

3.2.7.Third-party contributions28

3.3.Estimated impact on revenue29

4.Digital dimensions29

4.1.Requirements of digital relevance30

4.2.Data30

4.3.Digital solutions31

4.4.Interoperability assessment31

4.5.Measures to support digital implementation32

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned 

1.3.Objective(s)

1.3.1.General objective(s)

1.3.2.Specific objective(s)

1.3.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.3.4.Indicators of performance

Specify the indicators for monitoring progress and achievements.

1.4.The proposal/initiative relates to: 

 a new action 

¨ a new action following a pilot project / preparatory action 26  

¨ the extension of an existing action 

¨ a merger or redirection of one or more actions towards another/a new action

1.5.Grounds for the proposal/initiative 

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

1.5.2.Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.Duration of the proposal/initiative and of its financial impact

¨ limited duration

–¨    in effect from [DD/MM]YYYY to [DD/MM]YYYY

–¨    financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations.

 unlimited duration

–Implementation with a start-up period from YYYY to YYYY,

–followed by full-scale operation.

1.7.Method(s) of budget implementation planned 

 Direct management by the Commission

– by its departments, including by its staff in the Union delegations;

–¨    by the executive agencies

¨ Shared management with the Member States

¨ Indirect management by entrusting budget implementation tasks to:

–¨ third countries or the bodies they have designated

–¨ international organisations and their agencies (to be specified)

–¨ the European Investment Bank and the European Investment Fund

–¨ bodies referred to in Articles 70 and 71 of the Financial Regulation

–¨ public law bodies

–¨ bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees

–¨ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees

–¨ bodies or persons entrusted with the implementation of specific actions in the common foreign and security policy pursuant to Title V of the Treaty on European Union, and identified in the relevant basic act

–¨ bodies established in a Member State, governed by the private law of a Member State or Union law and eligible to be entrusted, in accordance with sector-specific rules, with the implementation of Union funds or budgetary guarantees, to the extent that such bodies are controlled by public law bodies or by bodies governed by private law with a public service mission, and are provided with adequate financial guarantees in the form of joint and several liability by the controlling bodies or equivalent financial guarantees and which may be, for each action, limited to the maximum amount of the Union support.

Comments

2.MANAGEMENT MEASURES 

2.1.Monitoring and reporting rules 

2.2.Management and control system(s) 

2.2.1.Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure) 

2.3.Measures to prevent fraud and irregularities 

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative.

Under reserve of adoption of the Draft Budget 2027 for this budget line as proposed by the Commission, the 2027 work programme a total of EUR 3.5 million has been programmed under 07.020400: ESF+ - Employment and Social Innovation strand, in order to support the business analysis, management of data quality, and IT development of digital systems to support processes for the recognition of professional qualifications, in particular EDRS.

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

In order of multiannual financial framework headings and budget lines.

3.2.Estimated financial impact of the proposal on appropriations 

3.2.1.Summary of estimated impact on operational appropriations 

–¨    The proposal/initiative does not require the use of operational appropriations

–    The proposal/initiative requires the use of operational appropriations, as explained below

3.2.1.1.Appropriations from voted budget

EUR million (to three decimal places)

For 2027, the resource of the deployment of the system will come from EaSI. This initiative should be financed within the agreed envelope of the programme.

The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative.

EUR million (to three decimal places)

The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative.

3.2.2.Estimated output funded from operational appropriations (not to be completed for decentralised agencies)

Commitment appropriations in EUR million (to three decimal places)

3.2.3.Summary of estimated impact on administrative appropriations 

–x    The proposal/initiative does not require the use of appropriations of an administrative nature

–¨    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below

3.2.3.1. Appropriations from voted budget

3.2.4.Estimated requirements of human resources 

–¨    The proposal/initiative does not require the use of human resources

–    The proposal/initiative requires the use of human resources, as explained below

3.2.4.1.Financed from voted budget

Estimate to be expressed in full-time equivalent units (FTEs) 34

Considering the overall strained situation in Heading 4, in terms of both staffing and the level of appropriations, the human resources required will be met by staff from the DG who are already assigned to the management of the action and/or have been redeployed within the DG or other Commission services.

The staff required to implement the proposal (in FTEs):

Description of tasks to be carried out by:

3.2.5.Overview of estimated impact on digital technology-related investments

Compulsory: the best estimate of the digital technology-related investments entailed by the proposal/initiative should be included in the table below.

Exceptionally, when required for the implementation of the proposal/initiative, the appropriations under Heading 4 should be presented in the designated line.

The appropriations under Headings 1-3 should be reflected as “Policy IT expenditure on operational programmes”. This expenditure refers to the operational budget to be used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation of the initiative and their associated investments (e.g. licences, studies, data storage etc). The information provided in this table should be consistent with details presented under Section 4 “Digital dimensions”.

3.2.6.Compatibility with the current multiannual financial framework 

The proposal/initiative:

–    can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF)

–¨    requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation

–¨    requires a revision of the MFF

3.2.7.Third-party contributions 

The proposal/initiative:

–    does not provide for co-financing by third parties but might be interesting for EEA EFTA countries or (potential) candidate countries

–¨    provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

3.3.    Estimated impact on revenue 

–    The proposal/initiative has no financial impact on revenue.

–¨    The proposal/initiative has the following financial impact:

–¨    on own resources

–¨    on other revenue

–¨    please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

For assigned revenue, specify the budget expenditure line(s) affected.

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

4.Digital dimensions

4.1.Requirements of digital relevance

High-level description of the requirements of digital relevance and related categories (data, process digitalisation & automation, digital solutions and-or digital public services)

4.2.Data

High-level description of the data in scope

Alignment with the European Data Strategy

Explanation of how the requirement(s) are aligned with the European Data Strategy

Alignment with the once-only principle

Explanation of how the once-only principle has been considered and how the possibility to reuse existing data has been explored

Explanation of how newly created data is findable, accessible, interoperable and reusable, and meets high-quality standards

Data flows

High-level description of the data flows

4.3.Digital solutions

High-level description of digital solutions

For each digital solution, explanation of how the digital solution complies with applicable digital policies and legislative enactments

EDRS

4.4.Interoperability assessment

High-level description of the digital public service(s) affected by the requirements

Impact of the requirement(s) as per digital public service on cross-border interoperability

Digital recognition service

4.5.Measures to support digital implementation

High-level description of measures supporting digital implementation

(1)     COM(2026) 86 final

(2)     SWD(2026)64 final

(3)    OJ C […], […], p. […].

(4)    Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, OJ L 255, 30.9.2005, p. 22, ELI: http://data.europa.eu/eli/dir/2005/36/oj

(5)     […]

(6)     Special report 10/2024: The recognition of professional qualifications in the EU – An essential mechanism, but used sparsely and inconsistently

(7)    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’ ) OJ L 354, 28.12.2013, pp. 132–170, ELI:  http://data.europa.eu/eli/dir/2013/55/oj  

(8)    […]

(9)    Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC, OJ L 316, 14.11.2012, p.1, ELI: http://data.europa.eu/eli/reg/2012/1024/oj

(10)    Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012, OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj  

(11)    Regulation (EU) 2024/903 of the European Parliament and of the Council of 13 March 2024 laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act), OJ L, 2024/903, 22.3.2024, ELI: http://data.europa.eu/eli/reg/2024/903/oj  

(12)    Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, OJ L 257, 28.8.2014, p. 73, ELI: http://data.europa.eu/eli/reg/2014/910/oj

(13)    Commission Implementing Regulation (EU) 2024/2979 of 28 November 2024 laying down rules for the application of Regulation (EU) No 910/2014 of the European Parliament and of the Council as regards the integrity and core functionalities of European Digital Identity Wallets, OJ L, 2024/2979, 4.12.2024, ELI:  http://data.europa.eu/eli/reg_impl/2024/2979/oj  

(14)    Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj

(15)    Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj

(16)    Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications, OJ L 79, 20.3.2007, pp. 38–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV), OJ L 219M, 24.8.2007, pp. 367–368 (MT), ELI:  http://data.europa.eu/eli/dec/2007/172/oj

(17)     OJ C , , p. .

(18)    […]

(19)    Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012, OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj

(20)    Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC, OJ L 316, 14.11.2012, p.1, ELI: http://data.europa.eu/eli/reg/2012/1024/oj

(21)    Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, OJ L 257, 28.8.2014, p. 73, ELI: http://data.europa.eu/eli/reg/2014/910/oj

(22)    Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj

(23)    Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj

(24)    […]

(25)    Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications, OJ L 79, 20.3.2007, pp. 38–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV), OJ L 219M, 24.8.2007, pp. 367–368 (MT), ELI:  http://data.europa.eu/eli/dec/2007/172/oj

(26)    As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.

(27)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(28)    EFTA: European Free Trade Association.

(29)    Candidate countries and, where applicable, potential candidates from the Western Balkans.

(30)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(31)    The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage.

(32)    Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.).

(33)    As described in Section 1.3.2. ‘Specific objective(s)’

(34)    Please specify below the table how many FTEs within the number indicated are already assigned to the management of the action and/or can be redeployed within your DG and what are your net needs.

(35)    In the case of traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 10 % for collection costs, as proposed in COM(2025)574.