Some professional activities cannot be governed by the withdrawal agreement or by the guidelines whose effect it retains. A German architect in the UK may need his qualifications, in accordance with this part of the withdrawal agreement, to maintain his practice. But an Italian independent journalist does not have to deal with this rule of protection in the UK or other EU Member States, because her profession is not regulated in this way. The provisions of the Withdrawal Agreement on the Recognition of Professional Qualifications came into force in UK law under the European Union (Withdrawal Agreement) Act 2020. Equivalent protection is provided for nationals of the EEA states and Switzerland. Regardless of whether a transitional period has been agreed or not, professional enterprises that have not yet done so should re-examine their activities within the EU to ensure that their existing structures are in line with the national legislation of each EU Member State where they are based in that country with regard to the structure and ownership of businesses, as well as the professional rules applicable to non-EU professionals. […] The qualifications regime currently in force under various European directives, see my blog post Recognition of the professional qualifications of EU citizens as part of the withdrawal agreement and the… this scheme is extended for its current beneficiaries as part of the withdrawal agreement. It`s […] If you have any questions about any of the above topics or other issues, please contact Zulon Begum. Zulon has extensive experience advising professional services companies in international structures, mergers and acquisitions, governance and partnership issues. From the date of withdrawal, UK nationals will be third-country nationals, so the 2005/36/EC Directive will no longer apply to them.
It follows that “recognition of the professional qualifications of UK nationals in an EU-27 Member State is governed by the national policies and rules of that Member State, whether the qualifications of the UK national have been acquired in the United Kingdom, another third country or in an EU-27 Member State. The temporary or occasional provision of services by UK nationals in an EU-27 Member State, even if they are already legally established in an EU-27 Member State, is subject to the national policies and rules of that Member State. For EU-27 nationals, qualifications acquired in the UK (hereafter referred to as “UK professional qualifications”) are third country nationals qualified within the meaning of EU law from the date of departure. Recognition of such a qualification is no longer within the 2005/36/EC directive recognition regime (for both EU citizens and UK nationals), but in accordance with Article 2, paragraph 2 of Directive 2005/36/EC, recognition is in line with the national policies and rules of each EU-27 Member State. In addition, the United Kingdom has the right to use the internal market information system for an unspecified recognition request for up to nine months from the end of the transitional period (31 December 2020), provided that the applications relate to procedures for the recognition of professional qualifications for establishment purposes under the European professional certification system. A country other than the one in which the qualification was acquired.9 This opinion does not concern the recognition of professional qualifications under these other provisions.10 The withdrawal of the United Kingdom does not affect decisions to recognize professional qualifications obtained in the United Kingdom prior to the date of withdrawal, on the basis of directive 2005/36/EC, by an EU-27 Member State. The proposed transition period, until 31 December 2020, will provide additional time for working companies to restructure their operations in the UNION if necessary; `professional qualifications`, qualifications certified by proof of formal qualifications, a certi