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Συνεδρίαση 20 Ιουλίου 2006, Βρυξέλλες

ΠΡΑΚΤΙΚΑ

Wg qualification directive
Notes from 20 July 2006 meeting, Brussels.

Present:

1. Welcome and preamble

TOM welcomed the WG members, and asked for input to the Workgroup on the Qualifications Directive (WGQD); both of expert knowledge and opinion on implementation of the Qualifications Directive, and also of varied vantage points on implementation issues – those of different countries and their legal/professional systems, those of member organisations (MOs) which are and are not registration bodies/competent authorities etc. 
Action: All WG members

2. Apologies for absence

TOM reported that Dalibor Borak (CZ) sent apologies because, although he is a member of the Workgroup, he had not received the notice of the meeting due to the Czech Chamber of Architects office being closed for holidays.  Apologies also from Fabian Llisterri. 

3. Immediate and future WG arrangments

TOM as Convenor agreed to prepare notes of the meeting, and asked for members’ own notes to be forwarded by fax or email. 
Action: TOM, All WG members
AS noted that the WGQD reflects the flexibility given to the ACE Board under the new Statutes to organise its work where appropriate through small expert groups. TOM/PHS noted that the WGQD in this form may not meet again because PHS intends on behalf of the Board, as Coordinator of Thematic Area 1, to invite all MOs to nominate experts to the WG as part of the invitation to the ACE Coordination Meeting on 8 September, for which TOM will be asked to prepare a presentation on behalf of WGQD.  The presentation will be based on papers discussed below, to be made available in advance of 8 September as far as possible.
Action: PHS/AJ

4. Meeting agenda

The Agenda as circulated was tabled and accepted as a working basis for the meeting.

5. Terms of Reference

The Draft Terms of Reference as tabled were discussed.  See updated draft [dated 1 August 2006] showing changes (mainly in the Goals) discussed at the meeting.  The draft will be circulated for discussion at the 8 September Coordination meeting, for further discussion and amendment prior to adoption by the Executive Board at the end of September.
Action: All WG members

6. Links to other work of the ACE

The latest ACE Organigramme was tabled: as just circulated with ACE-INFO 05/06.  PHS said WG Registration/Licensing no longer appears because its work is completed subject to adoption at the next General Assembly. Registration/Licensing work will continue through partners: see right-hand section of the Organigramme.  AS noted that every member of WGQD present at the meeting is also a member of WG SIM Directive, so aiding work coordination.

7. Base documentation

The list of base documentation at item 3 of the agenda was reviewed.  [Some further changes in this on foot of the later meeting of AS, AJ, PHS and TOM with Ms Pamela Brumter-Coret at the EC DG Markt.  She said Comitology procedures will not apply to review of new architectural qualifications notified under the QD.]  AJ said that, in discussion with TOM, he will put WG documentation on the ACE website.  Where possible in order to make it more accessible, documents will be abridged, or available via hyperlinks to other websites. 
Action: AJ/TOM
Draft list of base documentation and other reference documentation potentially useful to WGQD
1 ACE Documents relating to Qualifications Directive

2. EU law on Qualifications, on Services in the Internal Market (SIM) and on comitology

3. European Commission guidance and information

4 United Kingdom Documents [received from John Wright]

5 German Documents [received from Wolfgang Haack]

6. Irish Documents

8. Key goals and issues

8.1 Legislative principles; administrative co-operation
Draft goals and issues at item 4 of the agenda were reviewed.  WH said that drafting legislative clauses is far beyond the resources of the WG: it was agreed that item 4.2 should instead refer to drafting legislative principles.  AJ said in relation to item 4.3 that the WG should aim to harness the energy of MOs by explaining how better administrative cooperation will benefit ACE members in practice. 
Action: AJ/TOM
8.2 Legal opinion to be obtained
In relation to Document QD1.3 above, AJ said that issues for the legal opinion to be obtained by ACE/EAAE should be suggested urgently, as this opinion will take some time to obtain despite its extreme urgency: members to refer to EB_0406 memo, agenda item 1.3.2.  Members’ suggestions on a lawyer to be approached for an opinion would be especially welcome.
Action: All WG members
8.3 National law on notifying new qualifications
WH said getting notice of new qualifications is a problem even within Member States, to judge from difficulties in Hessen to find out about new German qualifications, never mind other new EU qualifications.  It was agreed the WG would ask MOs to lobby for national legislation requiring competent authorities to be notified when a qualification is fed into the system for approval under Annex V (whether through comitology or otherwise) and when there is a proposal to amend the list of required knowledge and skills under Article 46(2).
Action: All WG members
8.4 Contact points
AJ and AB noted that the contact points under Article 57 the QD have limited responsibilities as information points, and as portals to competent authorities, although they do have duties to advise applicants for recognition of qualifications.  The points of single contact envisaged in Article 6 of SIM have a more onerous task, of facilitating service providers to complete through them all procedures and formalities needed for access to service activities.  AJ noted the UK Presidency prepared a note on points of contact which implies electronic procedures for registration.  IDP suggested that Ms Pamela Brumter-Coret be asked to give a clarification on the role of contact points.
Action: AJ/AS
8.5 Authorisation of activities
PHS and WH noted the distinction between recognition of qualifications and authorisation of activities in the field.  AS noted the non-discrimination criterion for authorisation procedures in Recital (54) of the SIM Directive .
8.6. Government departments as competent authorities
IDP noted that under current UK legislation a Government department acts as competent authority under the Architects Directive, but it has been decided in the proposed legislation that the Architects Registration Board will acts as competent authority under the Bill proposed to transpose the QD for architects.
8.7. Adaptation period, aptitude test and language requirements
IDP noted that in the proposed UK legislation there will be a derogation from the right of the applicants with non-EU qualifications to choose between adaptation period and aptitude test.  It was noted that the aptitude test can only cover aspects specifically missing from the curriculm of the applicant for registration.  AB said that, irrespective of language abilities, an applicant is entitled to be registered under the Directive
8.8. Other mobility issues
AB said questions arise under the QD about the privelege under Directive 2004/38 (for citizens of the EU and their families to move and reside freely within the territory of the Member States) being extended to service providers as well as to migrants.  WH said the biggest threat is from the 3-year “junior architect”, for example in Italian qualifications.  However, AJ said such  diplomas would not qualify under the first paragraph of Article 10 of the QD.  AS raised the possibility of Mutual Recognition Agrements (MRAs) within the EU to deal with such issues.  WH said the problems are even greater for planners and others under the general system, for whom phenomena such as ‘gold-plating’ and ‘double-banking’ of qualifications requirements are an even greater hazard.
8.9. Use of websites
PHS noted the importance of websites (including the ACE’s) under the Directive.
8.10 Recognition (and de-recognition) of new qualifications
AJ noted the recent letter to Commissioner Charlie McCreevy noting the difficulties which could arise from recognition of, and later challenge to, a new qualification.

9. Next meeting

It was noted that, because of the imminence of the August holiday and the immediately following Coordination Meeting on 8 September, the next meeting will take place after that.  It was agreed that as much advantage as possible should be taken of email discussion.

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