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S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017

Type Statutory Instrument

Publication 2017-01-20

Last updated 2025-12-09

State In force superseded text

Text As published

Source Irish Statute Book

articles 96

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 2025-12-09, S.I. No. 587/2025 - European Union (Recognition of Professional Qualifications) (Amendmen…

Reform history JSON API

35.

(1) Subject to paragraphs (2) and (3), the competent authority in the State for general nurses shall recognise evidence of formal qualifications as a nurse responsible for general care listed in point 5.2.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 31 of the Directive, and shall, for the purposes of access to and pursuit of the profession of general nurse in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.

(2) Evidence of formal qualification referred to in paragraph (1) must be issued by the appropriate authority in the relevant Member State.

(3) Paragraph (1) does not affect the acquired rights referred to in Regulation 38 and Part 14.

Training of nurses responsible for general care

36.

The competent authority in the State for general nurses shall ensure that training of general nurses in the State satisfies the requirements of Article 31 of the Directive.

Access to and pursuit of professional activities of nurses responsible for general care

37.

The competent authority in the State for general nurses shall make access to, and the pursuit of, the professional activities of nurses responsible for general care in the State subject to possession of evidence of formal qualifications referred to in point 5.2.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 31(6) and (7) of the Directive.

Acquired rights specific to nurses responsible for general care

38.

(1) Notwithstanding Part 14, the acquired rights provided for in that Part shall only apply to nurses responsible for general care where the professional activities included full responsibility for the planning, organisation and administration of nursing care delivered to the patient.

(2) The competent authority in the State for general nurses shall recognise evidence of formal qualifications in nursing that—

(a) were awarded in Poland, to nurses who completed training before 1 May 2004, which did not comply with the minimum training conditions laid down in Article 31 of the Directive, and

(b) are attested by the diploma “bachelor” which was obtained on the basis of a special upgrading programme contained in—

(i) Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 2004 No 92, pos. 885 and of 2007, No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420); or

(ii) Article 52.3 point 2 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 2011 No 174, pos. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination —matura) and are graduates of a medical secondary school or a post-secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2012, pos. 770),

for the purpose of verifying that the nurse concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications listed for Poland in point 5.2.2 of Annex V to the Directive.

(3) In the case of an applicant who trained as a nurse responsible for general care in Romania and whose training does not satisfy the minimum training requirements laid down in Article 31 of the Directive, the competent authority in the State for general nurses shall recognise the following evidence of formal qualifications as a nurse responsible for general care as being sufficient proof, provided that that evidence is accompanied by a certificate stating that the applicant has effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania, including taking full responsibility for the planning, organisation and carrying out of the nursing care of patients, for a period of at least three consecutive years during the five years prior to the date of issue of the certificate:

(a) Certificat de competenţe profesionale de asistent medical generalist with post-secondary education obtained from a şcoală postliceală, attesting to training started before 1 January 2007;

(b) Diplomă de absolvire de asistent medical generalist with short-time higher education studies, attesting to training started before 1 October 2003;

(c) Diplomă de licenţă de asistent medical generalist with long-time higher education studies, attesting to training started before 1 October 2003.

Part 9Automatic recognition — dental practitioners

Automatic recognition of dental practitioners

39.

(1) Subject to paragraphs (3) and (4), the competent authority in the State for dentists shall recognise evidence of formal qualifications as a dental practitioner listed in point 5.3.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 34 of the Directive, and shall, for the purposes of access to and pursuit of the profession of dentist in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.

(2) Subject to paragraphs (3) and (4), the competent authority in the State for dentists shall recognise evidence of formal qualifications as a specialised dental practitioner listed in point 5.3.3 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 35 of the Directive, and shall, for the purposes of access to and pursuit of the profession of dental specialist in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.

(3) Evidence of formal qualifications referred to in paragraph (1) or (2) must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.3.2 or 5.3.3, as appropriate, of Annex V to the Directive for such qualifications.

(4) Paragraphs (1) and (2) do not affect the acquired rights referred to in Regulation 42 and Part 14.

Dental training

40.

(1) The competent authority in the State for dentists shall ensure that basic dental training in the State satisfies the requirements of Article 34 of the Directive.

(2) The competent authority in the State for dentists shall ensure that specialist dental training in the State satisfies the requirements of Article 35 of the Directive.

Access to and pursuit of professional activities of dental practitioners

41.

(1) The competent authority in the State for dentists shall make access to, and the pursuit of, the professional activities of dental practitioners in the State subject to possession of evidence of formal qualifications referred to in point 5.3.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 34(3) of the Directive.

(2) For the purposes of the Directive and these Regulations, the professional activities of dental practitioners are the activities referred to in paragraph (3) and pursued under the professional qualifications listed in point 5.3.2 of Annex V to the Directive.

(3) The competent authority in the State for dentists shall ensure that dental practitioners are generally able to gain access to and pursue the activities of prevention, diagnosis and treatment of anomalies and diseases affecting the teeth, mouth, jaws and adjoining tissue, having due regard to the regulatory provisions and rules of professional ethics on the reference dates referred to in point 5.3.2 in Annex V to the Directive.

Acquired rights specific to dental practitioners

42.

(1) Subject to paragraphs (2) and (3), the competent authority in the State for dentists shall recognise evidence of formal qualifications as a doctor issued in Italy, Spain, Austria, the Czech Republic, Slovakia or Romania to an applicant who began his or her medical training on or before the reference date stated in that point 5.3.2 of Annex V to the Directive for the Member State concerned, where it is accompanied by a certificate issued by the competent authority of that Member State confirming that the applicant:

(a) has been effectively, lawfully and principally engaged in that Member State in the activities referred to in Regulation 41(3) for at least three consecutive years during the five years preceding the award of the certificate; and

(b) is authorised to pursue the said activities under the same conditions as holders of evidence of formal qualifications listed for that Member State in point 5.3.2 of Annex V to the Directive.

(2) An applicant who has successfully completed at least three years of study, certified by the competent authority in the Member State concerned as being equivalent to the training referred to in Article 34 of the Directive, shall be exempt from the three-year practical work experience referred to in paragraph (1)(a).

(3) With regard to the Czech Republic and Slovakia, evidence of formal qualifications obtained in the former Czechoslovakia shall be accorded the same level of recognition as Czech and Slovak evidence of formal qualifications and under the same conditions as set out in paragraphs (1) and (2).

(4) Subject to paragraphs (5) and (6), the competent authority in the State for dentists shall recognise evidence of formal qualifications as a doctor issued in Italy to an applicant who began his or her university medical training after 28 January 1980 and no later than 31 December 1984, where it is accompanied by a certificate issued by the competent Italian authorities confirming that the applicant—

(a) passed the relevant aptitude test held by the competent Italian authorities with a view to establishing that he or she possesses a level of knowledge and skills comparable to that of persons possessing evidence of formal qualifications listed for Italy in point 5.3.2 of Annex V to the Directive,

(b) has been effectively, lawfully and principally engaged in the activities referred to in Regulation 41(3) in Italy for at least three consecutive years during the five years preceding the award of the certificate, and

(c) is authorised to engage in or is effectively, lawfully and principally engaged in the activities referred to in Regulation 41(3), under the same conditions as the holders of evidence of formal qualifications listed for Italy in point 5.3.2 of Annex V to the Directive.

(5) An applicant who has successfully completed at least three years of study certified by the competent Italian authorities as being equivalent to the training referred to in Article 34 of the Directive shall be exempt from the aptitude test referred to in paragraph (4)(a).

(6) An applicant who began his or her university medical training after 31 December 1984 shall be treated in the same way as a person to which paragraph (4) applies, provided that he or she began the three years of study referred to in paragraph (5) before 31 December 1994.

(7) As regards evidence of formal qualifications of dental practitioners, the competent authority in the State for dentists shall recognise such evidence pursuant to Article 21 of the Directive in cases where the applicant began his or her training on or before 18 January 2016.

(8) The competent authority in the State for dentists shall recognise evidence of formal qualifications as a doctor issued in Spain to an applicant who began his or her university medical training between 1 January 1986 and 31 December 1997 where it is accompanied by a certificate issued by the Spanish competent authorities confirming that the applicant—

(a) has successfully completed at least three years of study, certified by the Spanish competent authorities as being equivalent to the training referred to in Article 34 of the Directive,

(b) was effectively, lawfully and principally engaged in the activities referred to in Regulation 41(3) in Spain for at least three consecutive years during the five years preceding the award of the certificate, and

(c) is authorised to engage in or is effectively, lawfully and principally engaged in the activities referred to in Regulation 41(3), under the same conditions as the holders of evidence of formal qualifications listed for Spain in point 5.3.2 of Annex V to the Directive.

Part 10Automatic recognition — veterinary surgeons

Automatic recognition of veterinary surgeons

43.

(1) Subject to paragraphs (2) and (3), the competent authority in the State for veterinary practitioners shall recognise evidence of formal qualifications as a veterinary surgeon listed in point 5.4.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 38 of the Directive and shall, for the purposes of access to and pursuit of the profession of veterinary practitioner in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualifications obtained in the State.

(2) Evidence of formal qualifications referred to in paragraph (1) must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.4.2 of Annex V to the Directive for such qualifications.

(3) Paragraphs (1) and (2) do not affect the acquired rights referred to in Regulation 46 and Part 14.

Training of veterinary surgeons

44.

The competent authority in the State for veterinary practitioners shall ensure that training of veterinary practitioners in the State satisfies the requirements of Article 38 of the Directive.

Access to and pursuit of professional activities of veterinary surgeons

45.

The competent authority in the State for veterinary practitioners shall make access to, and the pursuit of, the professional activities of veterinary practitioners in the State subject to possession of evidence of formal qualifications referred to in point 5.4.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 38(3) of the Directive.

Acquired rights specific to veterinary surgeons

46.

Without prejudice to Regulation 63, the competent authority in the State for veterinary practitioners shall recognise the qualifications of an applicant whose formal qualifications were issued by, or whose training commenced in, Estonia before 1 May 2004, if they are accompanied by a certificate stating that the applicant has effectively and lawfully been engaged in the activities in question in Estonia for at least five consecutive years during the seven years prior to the date of issue of the certificate.

Part 11Automatic recognition — midwives

Automatic recognition of midwives

47.

(1) Subject to paragraph (2), the competent authority in the State for midwives shall recognise evidence of formal qualifications as a midwife listed in point 5.5.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 40 of the Directive and the requirements of Regulation 50, and shall, for the purposes of access to and pursuit of the profession of midwife in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.

(2) Paragraph (1) does not affect the acquired rights referred to in Regulation 51 and Part 14.

Training of midwives

48.

The competent authority in the State for midwives shall ensure that training of midwives in the State satisfies the requirements of Article 40 of the Directive.

Access to and pursuit of professional activities of midwife

49.

(1) This Part shall apply to the activities of midwives in the State, without prejudice to paragraph (3), pursued under the professional title of ‘registered midwife (RM)’.

(2) The competent authority in the State for midwives shall make access to, and the pursuit of, the professional activities of midwives in the State subject to possession of evidence of formal qualifications referred to in point 5.5.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 40(3) of the Directive.

(3) The competent authority in the State for midwives shall ensure that midwives are able to gain access to and pursue at least the following activities:

(a) provision of sound family planning information and advice;

(b) diagnosis of pregnancies and monitoring normal pregnancies;

(d) prescribing or advising on the examinations necessary for the earliest possible diagnosis of pregnancies at risk;

(e) provision of programmes of parenthood preparation and complete preparation for childbirth including advice on hygiene and nutrition;

(f) caring for and assisting the mother during labour and monitoring the condition of the foetus in utero by the appropriate clinical and technical means;

(g) conducting spontaneous deliveries including where required episiotomies and in urgent cases breech deliveries;

(h) recognising the warning signs of abnormality in the mother or infant which necessitate referral to a doctor and assisting the latter where appropriate; taking the necessary emergency measures in the doctors absence, in particular the manual removal of the placenta, possibly followed by manual examination of the uterus;

(i) examining and caring for the new-born infant; taking all initiatives which are necessary in case of need and carrying out where necessary immediate resuscitation;

(j) caring for and monitoring the progress of the mother in the postnatal period and giving all necessary advice to the mother on infant care to enable her to ensure the optimum progress of the new-born infant;

(k) carrying out treatment prescribed by doctors;

(l) drawing up the necessary written reports.

Procedures for recognition of evidence of formal qualifications as midwife

50.

(1) The evidence of formal qualifications as a midwife referred to in point 5.5.2 of Annex V to the Directive shall be subject to automatic recognition under Regulation 47 in so far as they satisfy one of the following criteria:

(a) full-time training of at least three years as a midwife, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 4,600 hours of theoretical and practical training, with at least one third of the minimum duration representing clinical training;

(b) full-time training as a midwife of at least two years, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3,600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V to the Directive;

(c) full-time training as a midwife of at least 18 months, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3,000 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V of the Directive, and followed by one year’s professional practice for which a certificate has been issued in accordance with paragraph (2).

(2) The certificate referred to in paragraph (1)(c) must—

(a) be issued by the competent authority in the home Member State, and

(b) certify that the holder, after obtaining evidence of formal qualifications as a midwife, has satisfactorily pursued all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved for that purpose.

Acquired rights specific to midwives

51.

(1) In the case of an applicant whose evidence of formal qualifications as a midwife satisfies all the minimum training requirements laid down in Article 40 of the Directive but, by virtue of Regulation 50, is not recognised unless it is accompanied by a certificate of professional practice referred to in Regulation 50(2), the competent authority in the State for midwives shall recognise as sufficient proof evidence of formal qualifications issued in the relevant Member State before the reference date referred to in point 5.5.2 of Annex V to the Directive for that Member State, where it is accompanied by a certificate stating that the applicant has been effectively and lawfully engaged in the activities in question for at least two consecutive years during the five years preceding the award of the certificate.

(2) The competent authority in the State for midwives shall recognise automatically those qualifications where the applicant started training as a midwife before 18 January 2016, and the admission requirement for such training was 10 years of general education or an equivalent level for route I in Article 40(1)(a) of the Directive, or completed training as a nurse responsible for general care as attested by evidence of formal qualification referred to in point 5.2.2 of Annex V to the Directive before starting a midwifery training falling under route II in Article 40(1)(b) of the Directive.

(3) The conditions laid down in paragraph (1) shall also apply to an applicant whose evidence of formal qualifications as a midwife certifies completion of training received in the territory of the former German Democratic Republic and satisfying all the minimum training requirements laid down in Article 40 of the Directive, but where the evidence of formal qualifications, by virtue of Regulation 50, is not recognised unless it is accompanied by the certificate of professional experience referred to in Regulation 50(2), where it attests a course of training which began before 3 October 1990.

(4) The competent authority in the State for midwives shall recognise evidence of formal qualifications in midwifery that—

(a) were awarded in Poland, to midwives who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 40 of the Directive, and

(b) are attested by the diploma ‘bachelor’ which was obtained on the basis of a special upgrading programme contained in—

(i) Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 2004 No 92, pos. 885 and of 2007 No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420), or

(ii) Article 53.3 point 3 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 2011 No 174, pos. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination — matura) and are graduates of a medical secondary school or a post-secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2012, pos. 770),

for the purpose of verifying that the midwife concerned has a level of knowledge and competence comparable to that of midwives holding the qualifications listed for Poland in point 5.5.2 of Annex V to the Directive.

(5) In the case of an applicant whose evidence of formal qualifications as a midwife (asistent medical obstetrică-ginecologie/obstetrics-gynecology nurse) were awarded in Romania before 1 January 2007, and which do not satisfy the minimum training requirements laid down in Article 40 of the Directive, the competent authority in the State for midwives shall recognise the said evidence of formal qualifications as being sufficient proof for the purposes of carrying out the activities of midwife if they are accompanied by a certificate stating that the applicant has effectively and lawfully been engaged in the activities of midwife in Romania for at least five consecutive years during the seven years prior to the issue of the certificate.

(6) Acquired rights in midwifery shall not apply to the following qualifications which were obtained in Croatia before 1 July 2013: via medicinska sestra ginekoloko-opstetrikog smjera (High Gynaecology-Obstetrical Nurse), medicinska sestra ginekoloko-opstetrikog smjera (Gynaecology-Obstetrical Nurse), via medicinska sestra primaljskog smjera (High Nurse with Midwifery Degree), medicinska sestra primaljskog smjera (Nurse with Midwifery Degree), ginekoloko- opstetrika primalja (Gynaecology-Obstetrical Midwife) and primalja (Midwife).

Part 12Automatic recognition — pharmacists

Automatic recognition of pharmacists

52.

(1) Subject to paragraphs (2) and (3), the competent authority in the State for pharmacists shall recognise evidence of formal qualifications as a pharmacist listed in point 5.6.2 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 44 of the Directive, and shall, for the purposes of access to and pursuit of the profession of pharmacist in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.

(2) Evidence of formal qualifications referred to in paragraph (1) must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.6.2 of Annex V to the Directive for such qualifications.

(3) Paragraph (1) does not affect the acquired rights referred to in Regulation 55 and Part 14.

Training of pharmacists

53.

The competent authority in the State for pharmacists shall ensure that training of pharmacists in the State satisfies the requirements of Article 44 of the Directive.

Access to and pursuit of professional activities of pharmacists

54.

(1) For the purposes of these Regulations and the Directive, the activities of a pharmacist are those, access to which and pursuit of which are contingent, in the State, upon professional qualifications and which are open to holders of evidence of formal qualifications of the types listed in point 5.6.2 of Annex V to the Directive.

(2) The competent authority in the State for pharmacists shall make access to, and the pursuit of, the professional activities of pharmacists in the State subject to possession of evidence of formal qualifications referred to in point 5.6.2 of Annex V to the Directive, attesting that the applicant, over the duration of his or her training, has acquired, as appropriate, the knowledge, skills and competences referred to in Article 44(3) of the Directive.

(3) The competent authority in the State for pharmacists shall ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfy the requirements of Article 44 of the Directive, are able to gain access to and pursue at least the following activities, subject to the requirement, where appropriate, of supplementary professional experience:

(a) preparation of the pharmaceutical form of medicinal products;

(b) manufacture and testing of medicinal products;

(d) storage, preservation and distribution of medicinal products at the wholesale stage;

(e) supply, preparation, testing, storage, distribution and dispensing of safe and efficacious medicinal products of the required quality in pharmacies open to the public;

(f) preparation, testing, storage and dispensing of safe and efficacious medicinal products of the required quality in hospitals;

(g) provision of information and advice on medicinal products as such, including on their appropriate use;

(h) reporting of adverse reactions of pharmaceutical products to the competent authorities;

(i) personalised support for patients who administer their medication;

(j) contribution to local or national public health campaigns.

Acquired rights specific to pharmacists

55.

The competent authority in the State for pharmacists shall recognise a formal qualification as a pharmacist to which the derogation in Article 2(4)(a) of Council Directive 85/432/EEC of 16 September 1985¹⁹ applied, and which, but for the repeal of that Directive by Article 62 of the Professional Qualifications Directive, would have entitled the holder to recognition as a person having a qualification appropriate for practice.

Part 13Automatic recognition — architects

Automatic recognition of architects

56.

(1) Subject to paragraphs (2) and (3), the competent authority in the State for architects shall recognise evidence of formal qualifications as an architect listed in point 5.7.1 of Annex V to the Directive which satisfy the minimum training conditions referred to in Article 46 or 47 of the Directive, and shall, for the purposes of access to and pursuit of the profession of architect in the State, give such evidence the same effect in the State as the equivalent evidence of formal qualification obtained in the State.

(2) Evidence of formal qualifications referred to in paragraph (1) must be issued by the appropriate authority in the relevant Member State and accompanied by any certificate listed in point 5.7.1 of Annex V to the Directive for such qualifications.

(3) Paragraph (1) does not affect the acquired rights referred to in Regulation 59 and Part 14.

(4) Evidence of formal qualifications as an architect referred to in point 5.7.1 of Annex V to the Directive, which is subject to automatic recognition pursuant to paragraph (1), proves completion of a course of training which began not earlier than during the academic reference year referred to in that Annex.

Training of architects

57.

The competent authority in the State for architects shall ensure that training of architects in the State satisfies the requirements of Article 46 or 47 of the Directive.

Pursuit of professional activities of architect

58.

(1) For the purposes of these Regulations, the professional activities of an architect are the activities regularly carried out under the professional title of ‘architect’.

(2) A person who is authorised to use the title ‘architect’ pursuant to a law which gives the competent authority of a Member State the power to award that title to persons who are especially distinguished by the quality of their work in the field of architecture shall be deemed to satisfy the conditions required for the pursuit of the activities of an architect, under the professional title of ‘architect’.

(3) The architectural nature of the activities of a person to which paragraph (2) relates shall be attested by a certificate awarded by the home Member State.

Acquired rights specific to architects

59.

(1) The competent authority in the State for architects shall recognise—

(a) evidence of formal qualifications as an architect listed in Annex VI to the Directive attesting a course of training which began no later than the reference academic year referred to in that Annex, even if they do not satisfy the minimum requirements laid down in Article 46 of the Directive,

(b) certificates issued by the competent authorities of the Federal Republic of Germany attesting that evidence of formal qualifications issued on or after 8 May 1945 by the competent authorities of the German Democratic Republic is equivalent to evidence listed in Annex VI to the Directive, and

(c) evidence of formal qualifications as an architect listed in Annex V to the Directive which do not satisfy the minimum requirements laid down in Article 46 of the Directive, where the training started before 18 January 2016,

(2) Without prejudice to paragraph (1), and subject to paragraph (3), the competent authority in the State for architects shall recognise certificates issued by the relevant authorities in the following states from the following dates:

(a) 1January 1995 for Austria, Finland and Sweden;

(b) 1May 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;

(d) 5August 1987 for the other Member States.

(3) The certificates referred to in paragraph (2) must certify that the holder—

(a) was authorised, no later than the respective date, to use the professional title of architect, and

(b) has been effectively engaged, under the applicable rules in the relevant Member State, in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.

(4) The competent authority in the State for architects shall recognise evidence of completion of training existing as of 5 August 1985 and commenced no later than 17 January 2014, provided by ‘Fachhochschulen’ in the Federal Republic of Germany over a period of three years, satisfying the requirements set out in Article 46(2) of the Directive and giving access to the activities carried out in that Member State under the professional title of ‘architect’, in so far as the training was followed by a four-year period of professional experience in the Federal Republic of Germany, as attested by a certificate issued by the competent authority in whose roll the name of the architect wishing to benefit from this paragraph appears.

Part 14Automatic recognition — common acquired rights

Training begun before reference dates

60.

Where 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 midwife or as pharmacist does not satisfy all the training requirements referred to in Article 24, 25, 31, 34, 35, 38, 40 or 44 of the Directive, as appropriate, the competent authority in the State shall recognise as sufficient proof evidence of formal qualification issued in the relevant Member State insofar as such evidence attests successful completion of training which began before the relevant reference date laid down in point 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 or 5.6.2 of Annex V to the Directive and is accompanied by a certificate stating that the holder has been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate.

German Democratic Republic

61.

The competent authority in the State shall recognise as sufficient proof evidence of formal qualification 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 midwife or as pharmacist, obtained in the territory of the former German Democratic Republic, which does not satisfy all the minimum training requirements laid down in Article 24, 25, 31, 34, 35, 38, 40 or 44 of the Directive, as appropriate, where such evidence certifies successful completion of training which began before—

(a) 3October 1990 for a doctor with basic training, nurse responsible for general care, dental practitioner with basic training, specialised dental practitioner, veterinary surgeon, midwife or pharmacist, or

(b) 3April 1992 for a specialised doctor.

Czech Republic and Slovakia

62.

(1) Without prejudice to Regulation 42(1) to (3), and subject to paragraph (2), the competent authority in the State shall recognise evidence of formal qualification as doctor giving access to the professional activities of doctor with basic training or specialised doctor, as nurse responsible for general care, as veterinary surgeon, as midwife, as pharmacist or as architect where—

(a) the evidence of formal qualification was issued by the appropriate authority in the former Czechoslovakia, or

(b) the evidence of formal qualification was issued by the appropriate authority in the Czech Republic or Slovakia and the person concerned commenced his or her training for such qualification before 1 January 1993,

and where the appropriate authority of either of the two aforementioned Member States attests that such evidence of formal qualification has the same legal validity within its territory as the evidence of formal qualification which it issues and, with respect to architects, as the evidence of formal qualification specified for those Member States in point 6 of Annex VI to the Directive, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, veterinary surgeon, midwife, pharmacist with respect to the activities referred to in Regulation 54(3) or architect with respect to the activities referred to in Regulation 58(1), and the pursuit of such activities.

(2) The attestation referred to in paragraph (1) must be accompanied by a certificate issued by the authority referred to in that paragraph stating that the person concerned has effectively and lawfully been engaged in the activities in question within its territory for at least three consecutive years during the five years prior to the date of issue of the certificate.

Estonia, Latvia and Lithuania

63.

(1) Subject to paragraphs (2) and (3), the competent authority shall recognise evidence of formal qualification as doctor giving access to the professional activities of doctor with basic training or specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as midwife, as pharmacist or as architect where—

(a) the evidence of formal qualification was issued by the appropriate authority in the former Soviet Union,

(b) the person concerned commenced his or her training in Estonia before 20 August 1991,

(d) the person concerned commenced his or her training in Lithuania before 11 March 1990,

and where the appropriate authority of any of the three aforementioned Member States attests that such evidence has the same legal validity within its territory as the evidence which it issues and, with respect to architects, as the evidence of formal qualification specified for those Member States in point 6 of Annex VI to the Directive, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist with respect to the activities referred to in Regulation 54(3) or architect with respect to the activities referred to in Regulation 58(1), and the pursuit of such activities.

(2) An attestation referred to in paragraph (1) must be accompanied by a certificate issued by the authority referred to in that paragraph stating that the person concerned has effectively and lawfully been engaged in the activities in question within its territory for at least three consecutive years during the five years prior to the date of issue of the certificate.

(3) With regard to evidence of formal qualification as a veterinary surgeon to which paragraph (1)(a) or (b) applies, an attestation referred to in paragraph (1) from the appropriate authority in Estonia must be accompanied by a certificate issued by that authority stating that the person concerned has effectively and lawfully been engaged in the activities in question within its territory for at least five consecutive years during the seven years prior to the date of issue of the certificate.

Slovenia and Croatia

64.

(1) Without prejudice to Regulation 51(6), and subject to paragraph (2), the competent authority in the State shall recognise evidence of formal qualification, 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 midwife, as pharmacist or as architect where—

(a) the evidence of formal qualification was issued by the appropriate authority in the former Yugoslavia,

(b) the person concerned commenced his or her training in Slovenia before 25 June 1991, or

and where the appropriate authority of either of the two aforementioned Member States attests that such evidence has the same legal validity within its territory as the evidence which it issues and, with respect to architects, as the evidence of formal qualification specified for those Member States in point 6 of Annex VI to the Directive, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist with respect to the activities referred to in Regulation 54(3) or architect with respect to the activities referred to in Regulation 58(1), and the pursuit of such activities.

(2) An attestation referred to in paragraph (1) must be accompanied by a certificate issued by the relevant authority referred to in that paragraph stating that the person concerned has effectively and lawfully been engaged in the activities in question within its territory for at least three consecutive years during the five years prior to the date of issue of the certificate.

Different title for qualification

65.

(1) Subject to paragraph (2), the competent authority in the State shall recognise as sufficient proof, for persons whose evidence of formal qualification as a doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife or pharmacist does not correspond to the title for the relevant Member State given in point 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 or 5.6.2 of Annex V to the Directive, evidence of formal qualification issued by the appropriate authority in that Member State accompanied by a certificate issued by the competent authority or body.

(2) The certificate referred to in paragraph (1) shall state that the evidence of formal qualification certifies successful completion of training in accordance with Article 24, 25, 28, 31, 34, 35, 38, 40 or 44 of the Directive, as appropriate, and is treated by the authority which issued it in the same way as the qualification the title of which is listed in point 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 or 5.6.2 of Annex V to the Directive, as appropriate.

Part 15 Applications for recognition of professional qualifications

Scope of Part 15

66.

This Part applies to applications for recognition of professional qualifications under Parts 5 to 14.

Applications procedure

67.

(1) An application shall be made to the competent authority in the State for the profession concerned.

(2) A competent authority in the State shall acknowledge receipt of an application within one month of receipt and inform the applicant of any missing documentation.

(3) Subject to paragraph (4), the procedure for examining an application shall be completed as quickly as possible and, in any case, result in a duly substantiated decision by the competent authority in the State within 3 months after the date of submission of the completed application file.

(4) The time period referred to in paragraph (3) may be extended by one month in the case of an application under Part 5 or 6.

Documentation and formalities

68.

(1) A competent authority in the State may demand submission of the following documents and certificates for the purpose of considering an application:

(a) proof that the applicant is an eligible person;

(b) copies of the attestations of professional competence or of the evidence of formal qualifications giving access to the profession in question, and an attestation of the professional experience of the person concerned where applicable;

(c) information concerning the applicant’s training to the extent necessary in order to determine the existence of potential substantial differences with the required training in the State, as laid down in Regulation 22;

(d) in the case of an application pursuant to Part 6, a certificate concerning the nature and duration of the activity issued by the competent authority or body in the home Member State or the Member State from which the applicant comes;

(e) where that competent authority requires of persons wishing to take up a regulated profession proof that they are of good character or repute or that they have not been declared bankrupt, or suspends or prohibits the pursuit of that profession in the event of serious professional misconduct or a criminal offence, documents issued by competent authorities in the home Member State or the Member State from which the applicant comes, showing that those requirements are met;

(f) where that competent authority requires proof of the matters referred to in subparagraph (e) and the competent authorities of the home Member State or of the Member State from which the applicant comes do not issue the documents referred to in that subparagraph, a declaration on oath made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the home Member State or the Member State from which applicant comes, accompanied by a certificate from such authority or notary attesting the authenticity of the declaration on oath;

(g) where that competent authority requires of nationals of the State wishing to take up the profession, a document relating to the physical or mental health of the applicant, the document required in the home Member State or, where the home Member State does not issue such a document, a certificate issued by a competent authority in the home Member State;

(h) where that competent authority requires nationals of the State wishing to take up the profession to furnish—

(i) proof of the applicants financial standing, or

(ii) proof that the applicant is insured against the financial risks arising from his or her professional liability in accordance with the laws and regulations in force in the State regarding the terms and extent of cover,

an attestation to that effect issued by the banks and insurance undertakings of another Member State;

(i) where that competent authority so requires from nationals of the State wishing to pursue the profession, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions;

(j) in the case of applications under Parts 7 to 14, and where the applicant satisfies the conditions of training required, a certificate from the competent authority of the home Member State stating that the evidence of formal qualifications is that covered by the Directive.

(2) A competent authority shall accept the documents and certificates referred to in paragraph (1) as sufficient evidence of the requirements to which they relate, unless the contrary is otherwise proved.

(3) Where it is impossible for an applicant to provide the information referred to in paragraph (1)(c), the competent authority shall address the competent authority, or any other relevant body in the home Member State, or the point of single contact in that state, assigned in accordance with Article 6 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006²⁰ .

(4) Where a competent authority in the State is requested, by a person seeking to pursue a profession in another Member State pursuant to the Directive, to issue documents showing that the requirements referred to in the first paragraph of point 1(d) of Annex VII to the Directive have been satisfied, and it is the practice of the competent authority to provide such documents, the competent authority shall provide such documents within a period of two months.

(5) Where a solicitor or commissioner for oaths in the State witnesses a declaration on oath pursuant to the second paragraph of point 1d of Annex VII to the Directive, by a person seeking to pursue a profession in a Member State pursuant to the Directive, he or she shall issue a certificate attesting the authenticity of the declaration on oath.

(6) Where a competent authority in the State is requested, by a person seeking to pursue a profession in another Member State pursuant to the Directive, to issue a certificate referred to in point 1(e) of Annex VII to the Directive, the competent authority shall issue such certificate within a period of two months.

(7) A competent authority in the State shall not accept the documents referred to in paragraph (1)(e), (f), (g) or (h) if they are more than three months old by the date on which they are submitted.

(8) A competent authority in the State shall guarantee the confidentiality of the information which it receives under this Regulation.

(9) Where an applicant is required to make a declaration on oath, and where the wording of the oath sworn by nationals of the State cannot be used by nationals of other Member States, the competent authority shall ensure that the applicant can use an appropriate equivalent wording.

Justified doubts

69.

(1) In the event of justified doubts, a competent authority in the State may require from the competent authorities of another 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 Parts 7 to 14, the minimum training conditions set out respectively in Articles 24, 25, 28, 31, 34, 35, 38, 40, 44 and 46 of the Directive.

(2) In cases of justified doubt, where evidence of formal qualifications has been issued by a competent authority in a Member State other than the State and includes training received in whole or in part in an establishment legally established in the territory of another Member State, a competent authority in the State may 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, and

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

(3) In the event of justified doubts, a competent authority in the State may require from the competent authorities of another 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 his professional activities.

Exchange of information

70.

Exchange of information between competent authorities in the State and competent authorities of other Member States under this Part, and Title III, Chapter IV of the Directive, shall take place via IMI.

Recognition of professional traineeship

71.

(1) If access to a regulated profession in the State is contingent upon completion of a professional traineeship, the competent authority shall, when considering an application, recognise professional traineeships carried out in another Member State provided the traineeship is in accordance with the published guidelines referred to in paragraph (3), and shall take into account professional traineeships carried out in a state other than a Member State.

(2) Recognition of a professional traineeship pursuant to paragraph (1) shall not replace any requirements in place to pass an examination in order to gain access to the profession in question.

(3) The competent authorities of the regulated professions in the State to which this Regulation applies shall publish guidelines on the organisation and recognition of professional traineeships carried out in another Member State or in a state other than a Member State, in particular on the role of the supervisor of the professional traineeship.

Part 16 European Professional Card

Scope of Part 16

72.

(1) This Part applies to the professions listed in column 1 of Schedule 6.

(2) The rules on the procedure for the issuance of a European Professional Card contained in the Implementing Regulation shall apply to the professions referred to in paragraph (1).

Designation of competent authorities for European Professional Card applications

73.

(1) The competent authorities listed in column 2 of Schedule 6 are designated as the competent authorities, for the purposes of these Regulations, the Directive and the Implementing Regulation, with responsibility for European Professional Card applications in respect of the corresponding professions listed in column 1 of that Schedule.

(2) The competent authorities assigned under this Regulation, and the assistance centre designated under Regulation 8, shall inform persons, including prospective applicants, about the functioning and the added value of a European Professional Card.

Purpose and effect of European Professional Card

74.

(1) A holder of a professional qualification in a profession to which this Part applies may apply for a European Professional Card in accordance with this Part, the Directive and the Implementing Regulation or make use of the procedures in Parts 4 to 15 of these Regulations and the Directive.

(2) For the purpose of establishment in the State in a regulated profession pursuant to these Regulations and the Directive, the issuance of a European Professional Card by a competent authority in another Member State shall not provide an automatic right to practise a particular profession in the State if there are registration requirements or other control procedures already in place in the State before a European Professional Card is introduced for that profession.

Application for European Professional Card — general provisions

75.

(1) An applicant for a European Professional Card shall submit his or her application through the online tool provided by the European Commission pursuant to Article 4b of the Directive and shall provide supporting documents and information required under the Implementing Regulation.

(2) Within one week of receipt of an application for a European Professional Card to a competent authority in the State, that authority shall acknowledge receipt of the application and inform the applicant of any missing document.

(3) A competent authority in the State shall, through the applicant’s IMI file, issue any supporting certificate or information required, in relation to an application for a European Professional Card, including verification of the applicant’s legal establishment in the State and confirmation that all the necessary documents which have been issued in the State are valid and authentic.

(4) In the event of duly justified doubts as to the matters referred to in paragraph (3), the competent authority in the State shall consult any relevant body and may request from the applicant certified copies of documents.

(5) In case of subsequent applications for a European Professional Card by the same applicant, a competent authority in the State may not request the re-submission of documents which are already contained in the applicant’s IMI file and which are still valid.

European Professional Card for temporary and occasional services in other Member States without prior check

76.

(1) Where—

(a) a person intends to provide services on a temporary and occasional basis in a regulated profession in another Member State under Title II of the Directive, and

(b) either—

(i) the services are not in a regulated profession which has been listed by the Member State under Article 57(1)(c) of the Directive as having public health or safety implications, or

(ii) the person benefits from automatic recognition under Chapter II or III of Title III of the Directive,

an application for a European Professional Card for the provision of such services shall be made to the competent authority in the State and the provisions of this Regulation shall apply.

(2) The competent authority in the State shall verify the application and the supporting documents in the IMI file and issue the European Professional Card within three weeks.

(3) The time period referred to in paragraph (2) shall start upon receipt of the missing documents referred to in Regulation 75(2) or, if no further documents were requested, upon the expiry of the one week period referred to in that paragraph.

(4) The competent authority in the State shall transmit the European Professional Card immediately to the competent authority of each host Member State concerned and shall inform the applicant accordingly.

(5) If a holder of a European Professional Card issued under this Regulation wishes—

(a) to provide services in Member States other than those initially mentioned in the application for the card, or

(b) to continue providing services in another Member State, or other Member States, beyond a period of 18 months,

that holder shall apply to the competent authority in the State accordingly and shall also provide any information on material changes in the situation substantiated in the IMI file that may be required by the competent authority in the State in accordance with the Implementing Regulation.

(6) A competent authority in the State which receives an application under paragraph (5) shall transmit the updated European Professional Card to the host Member States concerned.

European Professional Card for temporary and occasional services in State without prior check

77.

(1) Where—

(a) a person intends to provide services on a temporary and occasional basis in a regulated profession in the State under Part 4, and

(b) either—

(i) the services are not in a regulated profession listed in Schedule 3 as having public health or safety implications, or

(ii) the person benefits from automatic recognition under Parts 6 to 14,

an application for a European Professional Card for the provision of such services shall be made to the competent authority in the home Member State in accordance with Articles 4b and 4c(1) of the Directive, and when that competent authority issues the card and transmits it to the competent authority in the State, as host Member State, the provisions of this Regulation shall apply.

(2) The European Professional Card shall, where applicable, constitute the declaration under Regulation 13 and the competent authority in the State may not require any further declaration under that Regulation for the following 18 months.

(3) The European Professional Card shall be valid in the entire territory of the State for as long as its holder maintains the right to practise on the basis of the documents and information contained in the IMI file.

European Professional Card for establishment, or temporary and occasional services with prior check, in other Member States

78.

(1) Where a person intends to—

(a) establish himself or herself in another Member State under Chapters I to III of Title III of the Directive, or

(b) provide services on a temporary and occasional basis in a regulated profession in another Member State under Title II of the Directive and—

(i) the profession has been listed by the Member State under Article 57(1)(c) of the Directive as having public health or safety implications, and

(ii) the person does not benefit from automatic recognition of professional qualifications under Chapter II or III of Title III of the Directive,

an application for a European Professional Card shall be made to the competent authority in the State, which shall complete all preparatory steps with regard to the individual file of the applicant created within the IMI file in accordance with this Regulation.

(2) The competent authority in the State shall, within one month, verify the authenticity and validity of the supporting documents in the IMI file.

(3) The time period referred to in paragraph (2) shall start upon receipt of the missing documents referred to in Regulation 75(2) or, if no further documents were requested, upon the expiry of the one week period referred to in that paragraph.

(4) Following verification in accordance with paragraph (2), the competent authority in the State shall transmit the application immediately to the competent authority of the host Member State and shall, at the same time, inform the applicant of the status of the application.

(5) Where additional information or a certified copy of a document is requested by a competent authority in another Member State from a competent authority in the State pursuant to Article 4d(2) or (3) of the Directive, the competent authority in the State shall provide such information or document no later than two weeks after the submission of the request.

European Professional Card for establishment, or temporary and occasional services with prior check, in State

79.

(1) Where a person intends to—

(a) establish himself or herself in a regulated profession in the State under Parts 5 to 14, or

(b) provide services on a temporary and occasional basis in a regulated profession in the State under Part 4 and—

(i) the profession is listed in Schedule 3 as having public health or safety implications, and

(ii) the person does not benefit from automatic recognition of professional qualifications under Parts 6 to 14,

an application for a European Professional Card shall be made to the competent authority in the home Member State, which shall complete all preparatory steps with regard to the individual file of the applicant created within the IMI file in accordance with Articles 4b and 4d(1) of the Directive and transmit the application to the competent authority in the State, and the provisions of this Regulation shall then apply.

(2) Subject to paragraph (8), in the case of a person intending to establish himself or herself in a regulated profession in the State under Parts 6 to 14, the competent authority in the State shall decide, within one month of receipt of the application transmitted by the competent authority in the home Member State, whether to issue a European Professional Card.

(3) Subject to paragraph (8), in the case of a person intending to—

(a) establish himself or herself in a regulated profession in the State under Part 5, or,

(b) provide the services referred to in paragraph (1)(b),

the competent authority in the State shall decide, within two months of receipt of the application transmitted by the competent authority in the home Member State, whether to issue a European Professional Card or to subject the person to compensation measures.

(4) In the event of duly justified doubts, the competent authority in the State may request additional information from, or the inclusion of a certified copy of a document by, the competent authority in the home Member State.

(5) Subject to paragraph (8), the time periods referred to in paragraphs (2) and (3) shall apply notwithstanding any request under paragraph (4).

(6) In the event that the competent authority in the State does not receive the necessary information which it may require in accordance with the Directive, the Implementing Regulation and these Regulations for taking a decision on the issuance of a European Professional Card from either the home Member State or the applicant, it may refuse to issue the card and such refusal shall be duly justified.

(7) Where the competent authority in the State fails to take a decision within the applicable time limit set out in paragraph (2) or (3) or fails to organise an aptitude test in accordance with Regulation 15(5), the European Professional Card shall be deemed to be issued and shall be sent automatically, through IMI, to the applicant.

(8) Subject to paragraph (9), the competent authority in the State may extend by two weeks the deadlines set out in paragraphs (2) and (3) for the automatic issuance of the European Professional Card.

(9) Where the competent authority in the State extends a deadline under paragraph (8), it shall explain the reason for the extension and inform the applicant accordingly.

(10) An extension under paragraph (8) may be repeated once and only where it is strictly necessary, in particular for reasons relating to public health or the safety of the service recipients.

(11) Actions taken by the competent authority in the home Member State in accordance with Article 4d(1) of the Directive shall replace any application for recognition of professional qualifications in the State under these Regulations.

Processing and access to data regarding European Professional Card

80.

(1) Without prejudice to the presumption of innocence, a competent authority in the State shall update, in a timely manner, the corresponding IMI file with information regarding disciplinary actions or criminal sanctions which relate to a prohibition or restriction and which have consequences for the pursuit of activities by the holder of a European Professional Card under these Regulations and the Directive.

(2) In updating the IMI file pursuant to paragraph (1), a competent authority in the State shall respect personal data protection rules provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 199516 and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 200217.

(3) Updates under paragraph (1) shall include the deletion of information which is no longer required.

(4) The holder of a European Professional Card, as well as the competent authorities in other Members States that have access to the corresponding IMI file, shall be informed immediately of any updates pursuant to paragraph (1), without prejudice to the alert obligations provided for in Regulation 87.

(5) The content of updates referred to in paragraph (1) shall be limited to the following:

(a) the identity of the professional;

(b) the profession concerned;

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

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

(6) A competent authority in the State shall inform the holder of a European Professional Card of the content of the IMI file upon that holder’s request.

(7) The holder of a European Professional Card may, at any time, and at no cost to that holder, make a request to the competent authority in the State for the rectification of inaccurate or incomplete data, or the deletion or blocking of his or her IMI file.

(8) The holder shall be informed of his or her right under paragraph (7) at the time the European Professional Card is issued by a competent authority in the State, and reminded of it every two years thereafter, via IMI.

(9) In the event of a request for deletion of an IMI file linked to a European Professional Card issued under Regulation 79, the competent authority in the State shall issue the person concerned with evidence attesting to the recognition of his or her professional qualifications.

(10) In relation to the processing of personal data in the European Professional Card and all IMI files, the competent authority in the State shall be regarded as a controller within the meaning of point (d) of Article 2 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 199516.

(11) Without prejudice to paragraph (6), employers, customers, patients, public authorities and other interested parties may verify the authenticity and validity of a European Professional Card presented to them by the card holder in accordance with Article 22 of the Implementing Regulation.

Part 17 Revocation of documents, reversal of decisions and appeals

Revocation of document by competent authority

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