101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 173 Providing services including those of a qualified professional if there's no Brexit deal Before 29 March 2019 The Mutual Recognition of Professional Qualifications (MRPQ) Directive is a reciprocal arrangement which enables European Economic Area (EEA) nationals to have their professional qualifications recognised in an EEA State other than the one in which the qualification was obtained. It provides several routes to do so, including: automatic recognition based on EEA-wide standards or professional experience (recognition based on EEA-wide standards applies to: doctors, nurses, dental practitioners, veterinary surgeons, midwives, pharmacists and architects) the ‘general system’ under which, subject to certain exceptions, regulators must not refuse, on grounds of inadequate qualifications, applicants who seek to practise a regulated profession in the UK if they hold the qualifications required by an EEA State. In certain cases, regulators may require an applicant to complete either an aptitude test or an adaptation period before allowing the applicant to practise the regulated profession in the UK a mechanism for those who want to work on a temporary or occasional basis in another EEA State, including the role of the regulator and the procedures and formalities with which an applicant must comply. The Directive applies in general to regulated professions unless otherwise stated. A non-exhaustive list of professions covered by the Directive is available in the database of regulated professions. The Directive also provides rules for recognition of non-EEA qualifications held by EEA nationals. The current version of the MRPQ Directive (Directive 2005/36/EC as amended by Directive 2013/55/EU) has been implemented in the UK by the European Union (Recognition of Professional Qualifications) Regulations 2015 (MRPQ Regulations). This is supplemented by sector-specific legislation. After March 2019 if there’s no deal The MRPQ Directive will no longer apply to the UK and there will be no system of reciprocal recognition of professional qualifications between the remaining EEA states and the UK. The UK will ensure that professionals arriving in the UK from the EEA after the exit date will have a means to seek recognition of their qualifications. However, this will differ from the current arrangements. For example, specific mechanisms and functions linked to EU membership, such as automatic recognition, or temporary access to regulated activities on the basis of a declaration, will no longer be applicable. Tools such as the Internal Market Information system will also no longer be available in the UK. The government will continue to work with the Scottish Government, Welsh Government and the Northern Ireland Civil Service as well as regulatory bodies to ensure the future system for the recognition of professional qualifications works across the UK. These arrangements are without prejudice to the rights and privileges accorded, by virtue of the Common Travel Area, to Irish and UK citizens when in each other’s state. The government will share details of the new procedure in due course and applicants should contact the relevant regulators at the appropriate time. Implications There are implications for all the professions named in this notice as well as businesses. For EEA professionals (including UK nationals holding EEA qualifications) who are already established and have received a recognition decision in the UK, this recognition decision will not be affected and will remain valid. EEA professionals (including UK nationals holding EEA qualifications) who have not started an application for a recognition decision in the UK before exit will be subject to future arrangements, which will be published before exit day. EEA professionals (including UK nationals holding EEA qualifications) who have applied for a recognition decision and are awaiting a decision on exit day will, as far as possible, be able to conclude their applications in line with the provisions of the MRPQ Directive. Individuals with UK qualifications seeking recognition to offer services in the EEA should check the host state national policies. The EU Commission has stated that decisions on the recognition of UK qualifications in EU countries before exit day are not affected. Actions for businesses and other stakeholders EEA professionals (including UK nationals holding EEA qualifications) who are already established and have received a recognition decision in the UK do not need to take any action as the recognition decision will not be affected by the Withdrawal Act or the Statutory Instrument. Further guidance will be issued to provide professionals and employers with more details concerning recognition decisions pending on exit or issued after exit. More information In 2015, the government published guidance for regulatory bodies of professional qualifications. It sets out the obligations placed upon them by the revised Mutual Recognition of Professional Qualifications Directive 2005/36/EC. In the scenario where the UK leaves the European Union on 29 March 2019 without a formal agreement, the published guidance will be updated to reflect the changes that are made to the MRPQ Regulations. Before 29 March 2019 The Lawyers’ Establishment Directive and the Lawyers’ Services Directive The qualification recognition arrangements under the MRPQ Directive cover a wide range of lawyers. In addition to this framework, there is a specific framework setting out rights for listed lawyers to provide legal services and to establish on a permanent basis in EEA States other than the one in which the qualification was obtained. This framework takes the form of two Directives: The Lawyers’ Services Directive (Directive 77/249/EEC) – which allows specified lawyers to provide legal services on a temporary basis in a Member State other than the one in which they qualified. It clarifies the professional and regulatory rules applicable, the professional title they should