Brussels, 02/10/2013 (Agence Europe) - With no fewer than 740 professions requiring specific entry conditions, the European Commission suggests that member states examine their consciences and try to reduce this number. The Commission has no desire to deregulate these professions or to punish member states. It is proposing peer review to take things forward. The backcloth is that it is principally about making the internal market more competitive.
In a communication adopted on Wednesday 2 October, the Commission proposes that member states assess national rules on access to professions, such as architect and lawyer. Access conditions vary widely from one member state to another, and sometimes may hamper access.
“Conditions for accessing certain professions can be complex, burdensome, and very often vary greatly from one member state to another. This discourages workers from seeking and finding employment in other member states”, regretted Internal Market and Services Commissioner Michel Barnier. These regulated professions account for 9% of EU gross domestic product (GDP). Many are found in the United Kingdom and in France, and fewer are to be found in the countries which joined the EU more recently. Some countries, such as Poland and the Czech Republic, have already begun this self-examination.
The Commission suggests that EU member states get round the table and, initially, provide a detailed list of regulated professions in their respective countries, mapping out which professions are regulated (March 2014). At the moment, the Commission is unable even to say which are the most involved. Then, over the next two years, the member states will conduct a peer review of their national legislations to find out what works best in each system. The idea is that the member states will make the necessary adjustments themselves.
Barnier said that “this is not about deregulating professions or sanctioning member states but rather about ensuring better access to professional services through reviewing what entry structures promote a simplified, proportionate, safe and transparent system”. A Commission expert said the purpose was to focus on quality and not on quantity and to “invite the 28 countries to ask themselves questions and to compare their experiences in order to see if what they are doing is still justified in light of what is done elsewhere”.
The conclusions drawn will inform an action plan to be presented in spring 2015 for priority sectors - business services, construction, manufacturing, property and distribution.
In spring 2016 the remainder of the professions will be assessed, with the exclusion of healthcare. The Commission is not suggesting that it might later draft legislative proposals on the basis of the outcome of the assessment. In presenting this communication, the Commission is in a sense acting in advance of any obligations imposed on it by the professional qualifications directive due to be adopted by the end of the year.
To complement the communication, a Commission document was also presented. It sets out the results obtained in an exchange with member states on legal forms, private shareholder participation in services proposed by architects, vets, legal advisers patent agents and accountants. What was found was that, in all member states, the public interest is protected in the exercise of these professions, but the ways of achieving this end sometimes vary. The Commission says that there is reason to ask questions as to the best way to achieve this aim and on solutions that can be brought in certain instances. (MD/transl.fl)