Consultation on the regulation of occupations: National Action Plans of the Member States and regulatory proportionality
European Osteopaths, Osteopathes de France and Aujourd’hui Santé Ostéopathie (association of patients) responded this summer to a consultation issued by the European Commission.
“CONSULTATION ON THE REGULATION OF OCCUPATIONS:
NATIONAL ACTION PLANS OF THE MEMBER STATES AND REGULATORY PROPORTIONALITY”
On 28 October 2015, the European Commission adopted a strategy for the Single Market for Goods and Services.
This strategy defines measures to develop this single market, in particular by improving the regulation of professional services.
In a recent mutual evaluation exercise, Member States had to examine their regulatory regimes for the professions and demonstrate that they fulfilled legitimate public interest objectives.
They had to present National Action Plans (NAPs) indicating how they expected to ensure the maximum effectiveness of their regulation, for both professionals and consumers.
The Commission wanted to know our opinion on the quality and usefulness of the NAPs and, in particular, how the proportionality of occupational regulation is assessed.
Proportionality means that a national regulation and its enforcement mechanism must be balanced in the public interest and that it cannot lock a profession for protectionist or corporatist purposes beyond the simple objective of Public interest.
The results will be analyzed and incorporated into a report submitted to the Parliament and the European Council in January 2017, setting out guidelines on country and occupational reforms and an analytical framework proposing a more inclusive approach to the assessment of proportionality.
The three associations from a common perspective responded on the profession of osteopath to this consultation after an interview with the service of the liberal professions of the French Ministry of Finance.
Question: (Carolina Punset (ALDE) , Javier Nart (ALDE) ) SPAIN
Osteopathy is an independent health and first aid profession that is recognised as such in a number of EU countries. The academic, professional and ethical criteria that apply to osteopathy are set out in European Standard EN 16686:2015 on ‘Osteopathic healthcare provision’. However, the profession is not yet properly regulated in some Member States, including Spain.
It is clear, in the light of the foregoing, that where osteopathy is concerned, Spain is failing to comply with Directive 2005/36/EC on the recognition of professional qualifications, and Directive 2014/54/EU on freedom of movement for workers, in that it does not allow osteopathy professionals who have received proper training in other countries to work on an equal footing in Spain.
This unsatisfactory situation has a bearing on both patient safety and on osteopathy professionals’ rights as regards recognition and freedom of movement in EU countries.
Is the Commission going to take action in response to this failure to guarantee patient safety and uphold the rights of osteopathy professionals throughout the EU?
Answer given by Ms Bieńkowska on behalf of the Commission:
According to the Commission’s data base, the profession of osteopathy is not regulated in most Member States, including Spain. The directive 2005/36/EC on the recognition of professional qualifications(1) does also not foresee that certain profession have to be regulated. Instead, Member States which regulate a given profession must recognise education, training and work experience in other Member States under the relevant procedures.
As there is no harmonisation on the profession of osteopathy in Europe, the Member States are free to determine which activities they foresee for this profession. Thus, the training requirements and the reserved activities for this profession may differ from country to country. As a consequence, Spain can, for example, reserve some activities that osteopaths do in other Member States for other professions on its territory. This is in line with EC law, as long as it meets the requirements of the principle of proportionality and non-discrimination.
|(1)||Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, OJ L 255, 30.9.2005, p. 22.|
Thierry Camail and Renaud Leclerc were present at the General Assembly of CEPLIS on November the 21st 2016 in the European Parliament in Brussels.
CEPLIS present a new booklet
Common Values for Professionals within Europe (June 2016).
You can find the text in English, French, Spanish, Italian, Croatian, German and Romanian
Subject: Practising as an osteopath in the different Member States and compliance with the CEN European standard
Answer given by Mr Andriukaitis on behalf of the Commission
Subject: Regulating the profession of osteopathy
Answer given by Ms Bieńkowska on behalf of the Commission
We are pleased to welcome you to our new website.
Romanian and French osteopaths gathered to bring a new European association to life. They will be joined by other countries very soon.
Its main goal is to promote the Osteopathic profession within European bodies through effective lobbying.
Thanks to this website and to our pages on social networks, we will keep you informed of the advances in our work and of the news related to Osteopathy professionals in Europe.
We will be back very soon !