European Commission calls on Ireland and 21 other countries to reduce burden on professionals wanting to provide temporary and occasional services

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Ireland and Belgium, Bulgaria, Czechia, Denmark, Germany, Greece, Spain, France, Italy, Cyprus, Latvia, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Romania, Slovenia, Finland and Sweden for failing to comply with the EU Professional Qualifications rules (Directive 2005/36/EC). 

These rules make it easier for professionals to provide their services on a temporary and occasional basis in different Member States, whilst guaranteeing protection for consumers and citizens. Exceptionally, for professions having public health and safety implications, Member States may check qualifications before allowing the provision of services. Such prior checks can significantly delay the start of the activities, and therefore they can only be imposed under strict conditions, in particular when a lack of professional qualifications could lead to serious damage to the health or safety of the service recipient. The Commission considers that these 22 Member States require prior checks in an unjustified way for several professions that do not satisfy the conditions under which such checks are allowed and has focused this enforcement action on three areas of particular importance, i.e. construction, transport and business services. 

The Commission is therefore sending a letter of formal notice to Belgium, Bulgaria, Czechia, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Romania, Slovenia, Slovakia, Finland, and Sweden, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.