Commission Implementing Decision (EU) 2023/423 of 24 February 2023 on a pilot project to implement the administrative cooperation provisions relating to regulated professions set out in Directives 2005/36/EC and (EU) 2018/958 of the European Parliament and of the Council by means of the Internal Market Information System and to integrate the database of regulated professions into that system (Text with EEA relevance)

• CELEX: Implementing Decision (EU) 2023/423
• Articles: 7

Article 1 The pilot project

1.   A pilot project shall be carried out to assess whether the Internal Market Information System (‘IMI’) would be an effective tool to implement the notification obligations set out in Article 59(1), (2), (5) and (6), Article 59(7), first sentence, and Article 60(1) of Directive 2005/36/EC, and in Article 11(1) of Directive (EU) 2018/958, and to integrate the database of regulated professions referred to in Article 59(1) of Directive 2005/36/EC into IMI.

2.   For the purposes of this Decision, reporting, communication, recording and provision of information pursuant to Article 59(1), (5) and (6), Article 59(7), first sentence, and Article 60(1) of Directive 2005/36/EC, and Article 11(1) of Directive (EU) 2018/958 shall be referred to as ‘notifications’.

Article 2 Competent authorities

1.   Member States shall designate one or more competent authorities responsible for notifying the information referred to in Article 59(1), (2), (5), and (6), Article 59(7), first sentence, and Article 60(1) of Directive 2005/36/EC, and Article 11(1) of Directive (EU) 2018/958.

2.   The authorities designated pursuant to paragraph 1 of this Article shall be considered competent authorities within the meaning of Article 5, second paragraph, point (f), of Regulation (EU) No 1024/2012.

Article 3 Coordinators

1.   Each Member State shall assign the task of coordinating notifications to one or more competent authorities (‘coordinators’).

2.   The coordinators shall ensure that notifications are approved and sent to the Commission without undue delay.

3.   A competent authority referred to in Article 2 may also be designated as a coordinator.

Article 4 Administrative cooperation

For the purposes of Article 59(1), (2), (5) and (6), Article 59(7), first sentence, and Article 60(1) of Directive 2005/36/EC, and Article 11(1) of Directive (EU) 2018/958, IMI shall provide at least the following technical functionalities:

(a)

notifying information on regulated professions, including the activities covered by each profession, regulated education and training, and training with a special structure, and any change to that information;

(b)

notifying existing requirements restricting access to or pursuit of regulated professions and the reasons for considering that those requirements comply with Article 59(3) of Directive 2005/36/EC, and any change to those requirements;

(c)

notifying new or amended requirements restricting access to or pursuit of a regulated profession, together with the provisions introducing or amending the requirements, which shall be assessed in accordance with Directive (EU) 2018/958, the reasons for considering that such provisions are justified and proportionate, and any change to those requirements;

(d)

reporting on requirements that have been removed or made less stringent pursuant to Article 59(6) of Directive 2005/36/EC;

(e)

commenting on the notifications referred to in points (a) to (d);

(f)

approving the notifications referred to in points (a) to (d) by the coordinator in the Member State and sending them to the Commission;

(g)

facilitating the evaluation of and taking of procedural actions by the Commission regarding the notifications referred to in points (a) to (d);

(h)

providing a response by the notifying Member State to the Commission’s procedural actions referred to in point (g);

(i)

recording different versions of notifications set out in points (a) to (d);

(j)

recording statistical data based on Member States’ recognition decisions on professionals seeking to be established abroad or to provide services on a temporary and occasional basis, to facilitate the preparation of the reports referred to in Article 60(1) of Directive 2005/36/EC;

(k)

providing a consent form for the contact person whose personal data will be recorded in IMI and transmitted to the public website;

(l)

keeping the notifications up to date;

(m)

providing a repository for the notified information on regulated professions to ensure that all designated competent authorities registered in IMI for modules concerning recognition of professional qualifications can check the requirements for regulated professions directly in IMI;

(n)

providing a repository for notified information on competent authorities, assistance centres and reports as referred to in Article 59(2), (5) and (6), and Article 60(1) of Directive 2005/36/EC;

(o)

transmitting the following to the public website:

(i)

information on regulated professions, including the results of proportionality assessments;

(ii)

contact details of contact persons, competent authorities and assistance centres;

(iii)

data for statistics on recognition decisions concerning professionals seeking to establish themselves abroad or to provide services on a temporary and occasional basis;

(iv)

reports referred to in Article 59(2), (5) and (6) and Article 60(1) of Directive 2005/36/EC.

Article 5 Data protection

1.   Any information containing personal data recorded in or exchanged through IMI shall be processed in IMI in accordance with Articles 14 to 17 of Regulation (EU) No 1024/2012.

2.   In accordance with Article 6(1), point (e), of Regulation (EU) 2016/679 of the European Parliament and of the Council  ( 5 ) , Member States may, in the performance of a task carried out in the public interest, decide to provide contact details containing the personal data of a contact person for the purpose of the technical functionality referred to in Article 4, point (o), of this Decision,

Where Member States decide to provide personal data of the contact person the following information shall be recorded and transmitted to the public website dedicated to regulated professions:

(i)

first name;

(ii)

last name;

(iii)

email address;

(iv)

phone number;

(v)

name of the competent authority the person works for;

(vi)

languages spoken.

3.   The contact persons whose personal data is recorded and transmitted pursuant to this Article shall provide explicit consent for the processing of their personal data by means of the consent form, which shall be uploaded in IMI.

Article 6 Evaluation

The Commission shall submit the evaluation of the outcome of the pilot project to the European Parliament and the Council as required by Article 4(2) of Regulation (EU) No 1024/2012 by 31 December 2025.

Article 7 Entry into force

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union .