Arvamuse küsimine Euroopa oskuste ülekantavuse määruse ettepaneku ning kutsekvalifikatsioonide tunnustamise direktiivide eelnõude kohta 08. oktoobriks

Saatja: "Sigrid Ester Tani - HTM" <[email protected]> Saaja: "Gunnar Vaht - HARNO" <[email protected]>, "Häli Allas" <[email protected]>, "Karin Kollo - MARU" <[email protected]>, "Karmen Vits - TTJA" <[email protected]>, "Kristel Fauštein" <[email protected]>, [email protected], "Leila Lahtvee" <[email protected]>, "Liina Saar - TA" <[email protected]>, [email protected], [email protected], [email protected], "georg.kalde" <[email protected]>, "Vallo Kelder - HARNO" <[email protected]>, "Janne Änilane - TTJA" <[email protected]>, "info - HARNO" <[email protected]>, [email protected], [email protected], "Info - TTJA" <[email protected]>, [email protected], [email protected] Teema: Arvamuse küsimine Euroopa oskuste ülekantavuse määruse ettepaneku ning kutsekvalifikatsioonide tunnustamise direktiivide eelnõude kohta 08. oktoobriks Kuupäev: 2026-09-25 10:46 Tere! Euroopa Komisjon on <https://employment-social-affairs.ec.europa.eu/policies-and-activities/moving-working-europe/working-another-eu-country/fair-labour-mobility-package_en> õiglase tööjõu liikuvuse paketi raames esitanud oskuste ülekantavuse algatus ehk digitaalsete ja võrreldavate kvalifikatsioonide määruse (Skills portability initiative, SPI)ettepaneku kutsekvalifikatsioonide tunnustamise direktiivi muutmise ja direktiivi kolmandate riikide kodanike kvalifikatsioonide kohta. Oskuste ülekantavuse algatus eesmärk tagada, et ühes liikmesriigis omandatud kvalifikatsioonid ja oskused oleksid teises liikmesriigis arusaadavad, kontrollitavad ja kasutatavad. Digitaalsete ja võrreldavate andmete abil soovitakse parandada oskuste ja tööjõuvajaduste vastavusse viimist, vähendada oskuste alakasutust ning hõlbustada piiriülest töötajate liikuvust. Komisjoni ettepanek on üles ehitatud kolmele õiguslikule sambale. <https://employment-social-affairs.ec.europa.eu/document/b18141a9-75f5-4c15-8eb5-695060e3f8d9_en> Oskuste ülekantavuse määrus – kvalifikatsioonide digitaliseerimine ja võrreldavus <https://employment-social-affairs.ec.europa.eu/document/3dd280d9-8a49-4f32-a992-515a97afb212_en> Kutsekvalifikatsioonide tunnustamise direktiivi muutmine - tunnustamise menetluse tähtaegade lühendamine ning automaatselt tunnustatavate kutsete nimekirja laiendamine. <https://employment-social-affairs.ec.europa.eu/document/db63b882-fcb9-42cf-8d1f-644994beb55b_en> Kolmandates riikides omandatud kvalifikatsioonide tunnustamine Palume Teie eksperthinnangut ja tähelepanekuid eelnõude ning nendega kaasnevate kohustuste mõju kohta Teie asutuse tunnustamispraktikale ja halduskoormusele. Eelkõige puudutavad ettepanekud pädevaid asutusi järgmistes aspektides: 1. Eelnõu 1: Oskuste ülekantavuse määrus (Skills Portability Act) * Kuidas mõjutab ELi digikukru (EUDI Wallet) kaudu esitatavate digitaalsete tõendite vastuvõtmine ja reaalajas ehtsuse/kehtivuse kontrollimine Teie asutuse tööd? Kas see vähendab vajadust vahetute järelepäringute tegemiseks teiste liikmesriikide asutustele? * Määrus paneb liikmesriigile kohustuse edastada kvalifikatsioonide, kutseandjate ja akrediteeringute andmeid Europassi platvormile vähemalt igakuiselt. Kas Teie hallatavad andmebaasid või registrid (nt kutseregister, EHIS jm) on tehniliselt valmis kasutama ELi ühtset semantilist mudelit (European Learning Model) ja ESCO terminoloogiat? * Määrus nõuab taotluse korral digitaalse tõendi väljastamist viimase 10 aasta kvalifikatsioonidele (kuni 2 nädala jooksul) ning mõistliku aja jooksul ka 10–45 aasta tagustele kvalifikatsioonidele. Kuidas hindate selle nõude täidetavust ja arhiiviandmete kättesaadavust oma valdkonnas? 2. Eelnõu 2: Kutsekvalifikatsioonide tunnustamise direktiivi (2005/36/EÜ) muutmine * Komisjoni eesmärk on lühendada reguleeritud kutsealadel teise ELi liikmesriigi kvalifikatsiooni tunnustamise menetlust senisest ligi 3 kuust umbes 5 nädalale. Kas see tähtaeg on Teie asutuse jaoks tegelikkuses saavutatav ning milliseid ressursilisi või menetluslikke muudatusi see nõuaks? * Kuidas hindate valmidust viia tunnustamismenetlused läbi täielikult e-kanalite kaudu ning aktsepteerida koduriigi väljastatud digitaalseid tõendeid (sh hea maine, karistusregistri ja finantsseisundi kohta)? * Ettepanek näeb ette automaatse tunnustamise laiendamise uutele kutsealadele ühiste koolitusraamistike kaudu. Millistel Teie vastutusala kutsealadel näete võimalust või riske sellise mudeli rakendamisel? 3. Eelnõu 3: Kolmandate riikide kodanike kvalifikatsioonide tunnustamise direktiiv * Direktiiv seab kolmandate riikide kodanike kvalifikatsioonide tunnustamisele siduva 3-kuulise tähtaega (pikendatav 1 kuu võrra) ning kohustuse võimaldada taotluse esitamist ja menetlemist elektrooniliselt enne Eestisse saabumist. Kuidas hindate selle täitmist olukorras, kus kolmandate riikide dokumendikontroll on sageli monitooringumahukas? * Direktiiv loob automaatse tunnustamise kanali sektoripõhistel kutsealadel (nt arstid, õed, arhitektid jne), kui kolmanda riigi õppekava on läbinud ELi tunnustatud usaldusväärse hindamisasutuse (Trusted Review Body) kontrolli. Kas ja milliseid riske näete selle mudeli puhul teenuste kvaliteedi ja avaliku ohutuse tagamisel? * Komisjon hakkab pakkuma nõuandvat ekspertteenust kolmandate riikide dokumentide ehtsuse hindamiseks. Kas Teie asutus näeb vajadust sellise teenuse järele ning kas kulupõhise tasu (cost-recovery fee) maksmine oleks otstarbekas? * Direktiiv nõuab kvalifikatsiooni hindamise koordineerimist elamisloa- ja viisamenetlustega (integrated procedure) ning tasandusmeetmete (kohanemisaeg, sobivustest, sildkursus) selget reguleerimist. Kuidas suhtute tingimisi tunnustamise ja tasandusmeetmete korraldusse oma valdkonnas? 4. Horisontaalsed küsimused * Millist täiendavat finants- ja inimressurssi ning IT-süsteemide kohandamist nõuavad kavandatavad muudatused Teie asutuselt? * Kas eelnõudes toodud reeglid (nt vaidlustamisõigus, teabe keelelised nõuded, varasema töökogemuse arvestamine tasandusmeetmete määramisel) on piisavalt selged ja Eesti haldusõigusega kooskõlas Palume Teie tagasisidet hiljemalt 08.oktoobriks. Lugupidamisega Sigrid Ester Tani peaekspert Täiskasvanuhariduse ja oskuste osakond Haridus- ja Teadusministeerium tel 7354023 | mob 55589851 [email protected] www.hm.ee <https://www.hm.ee> | <https://fb.com/haridusministeerium> fb.com/haridusministeerium | <https://twitter.com/haridusmin> twitter.com/haridusmin EUROPEAN COMMISSION Strasbourg, 15.9.2026 COM(2026) 990 final 2026/0275 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the recognition of qualifications of third-country nationals {SEC(2026) 990 final} - {SWD(2026) 989 final} - {SWD(2026) 990 final} - {SWD(2026) 991 final} (Text with EEA relevance) EN EN  EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL • Reasons for and objectives of the proposal The Treaties, the Charter of Fundamental Rights of the European Union and the European Pillar of Social Rights establish a broad framework supporting access to employment, skills development and participation in the Union labour market. While the free movement of workers, freedom of establishment and freedom to provide services enshrined in the Treaties are rights of Union citizens, third-country nationals who are legally resident in the Union can also benefit from this broader framework, in accordance with the conditions and within the scope laid down in Union law. The European Pillar of Social Rights, proclaimed in 2017, emphasises the importance of skills and employability in its first chapter on equal opportunities and access to the labour market. In particular, Principle 1 on education, training and lifelong learning recognises everyone’s right to maintain and acquire skills enabling full participation in society and the labour market, and Principle 4 provides for the right to active support to find or change jobs, including through re-skilling and job-search assistance. This long-standing framework is reflected in the Commission’s Political Guidelines for 2024– 2029, which emphasise the importance of skills portability and of enabling people to make effective use of their skills in the Union. In her Political Guidelines for 2024–2029, the President of the Commission underlined the need to ensure that the Union benefits from high- quality skills, irrespective of where and how they were acquired, and to facilitate the recognition of skills acquired in one country in another. These objectives are also reflected in the ‘One Europe, One Market’ roadmap, launched in April 2026 with the objective of further deepening and completing the Single Market by the end of 2027, including by removing remaining barriers, reducing administrative burden and strengthening the Union’s competitiveness. While the EU labour market has reached record-high employment levels, it faces widespread and structural skilled labour shortages, particularly in sectors such as healthcare, ICT, construction, energy, and transport, driven in part by an ageing population and a shrinking working-age workforce. These shortages coexist with persistent 'skills waste', overqualification and the underutilisation of skills being significantly more pronounced among third-country nationals than among the domestic workforce. This mismatch also depresses earnings for those working below their qualification level and risks contributing to downward wage pressure and reducing the return on skills for employers and represents a loss of overall productivity for the Union economy at a time of skills shortages. Whether already residing in a Member State or seeking to migrate to the Union, third-country nationals face recognition procedures for their qualifications that are fragmented, complex and lacking in transparency, leading to uncertain and inconsistent outcomes. Two distinct but often interconnected types of procedure are concerned: formal recognition for access to a regulated profession, and qualification or skills checks carried out as part of a procedure to obtain a long-stay visa or a residence permit (for instance under the EU Blue Card or national highly- skilled-worker schemes). The average recognition procedure is estimated to cost EUR 1,500 and to take 14.2 months, with 70.4% of third-country nationals surveyed considering the length of the process a 'big' or 'very big' problem. Nearly half of third-country nationals who initiated recognition procedures were seeking access to a regulated profession in healthcare, a sector facing acute shortages across the Union. Unlike EU nationals, who benefit from the mutual recognition mechanisms of Directive 2005/36/EC (the Professional Qualifications Directive), third-country nationals have no comparable EU framework. This gap undermines EN 1 EN  the effectiveness of the Union's talent-attraction ecosystem — including the EU Blue Card, the EU Talent Pool, Talent Partnerships with priority third countries and the European Legal Gateway Office pilot — whose value for employers and jobseekers depends on recognition systems functioning adequately. Procedures for recognition of qualifications for access to further learning are outside the scope of this proposal. This proposal responds to a clear and repeated political mandate. The Political Guidelines of Commission President von der Leyen committed to a Skills Portability Initiative 'to ensure a skill acquired in one country is recognised in another' and to 'make it easier to attract the right talent with harmonised rules on the recognition of qualifications'. The March 2025 Communication on the Union of Skills confirmed this commitment, and the Letta report on the Single Market highlighted the need to extend automatic recognition of qualifications to help address persistent labour shortages. The European Council, meeting on 19 March 2026, called for a Commission proposal on the portability of qualifications and skills, including third-country nationals, by autumn 2026. The proposal is part of the Skills Portability Initiative and its general objective is to facilitate the recognition of qualifications of third- country nationals in order to address labour and skills shortages in the Union. Three specific objectives are pursued: (i) streamlined recognition systems within and between Member States; (ii) reduced legal and administrative complexity for third-country national applicants, employers and authorities; and (iii) increased trust in, and understanding of, qualifications obtained in third countries. • Consistency with existing policy provisions in the policy area The proposal is complementary to, and does not overlap with, existing EU instruments. The Professional Qualifications Directive provides a robust framework for the recognition of professional qualifications, but its Single Market legal basis confines its personal scope to EU nationals; it does not, and cannot, extend to third-country nationals. Existing EU migration instruments contain only limited provisions on recognition, generally limited to equal treatment with nationals of the Member State concerned. None of these instruments regulate the organisation, structure or functioning of recognition procedures as such, or require Member States to simplify or coordinate such procedures. Commission Recommendation (EU) 2023/2611 is the only EU-level instrument specifically addressing recognition of qualifications of third-country nationals and is non-binding and therefore cannot ensure consistent outcomes across the Union. The proposal is one of three interlinked actions under the Skills Portability Initiative. Action 1 addresses improving the availability of reliable, comparable and verifiable digitalised information on qualifications and skills in the EU. Action 2 modernises recognition procedures under the Professional Qualifications Directive for EU citizens. Action 3 — the subject of this proposal — addresses the gap in the EU legal and policy framework covering recognition of qualifications of third-country nationals (and is based on Article 79(2), points (a) and (b), TFEU). The procedural guarantees in this proposal are aligned with those applicable to Union citizens under Directive 2005/36/EC as amended by Action 2 of the Skills Portability Initiative, and do not place third-country nationals in a more favourable position than Union citizens exercising free movement. The differences between the two frameworks reflect the practical challenges of assessing qualifications from third countries, which justifies the need for an extensive prior review of the learning programmes concerned benefitting from automatic recognition. • Consistency with other Union policies The proposal forms part of the Fair Labour Mobility Package. It responds to the Competitiveness Compass's identification of skilled labour shortages as a structural EN 2 EN  competitiveness risk, to the Union of Skills and to the Single Market Strategy's call for digitalisation and procedural simplification of recognition. It complements and reinforces the effectiveness of the EU Talent Pool (established by Regulation (EU) 2026/1047), Talent Partnerships with priority third countries, the European Legal Gateway Office pilot, the EU's Visa Strategy, the Commission Recommendation on attracting talent for innovation, and the Action Plan on Integration and Inclusion, all of which rely on well-functioning recognition systems to deliver their intended results. The proposal also contributes to the objectives of the European Asylum and Migration Strategy adopted in January 2026 which aims at making the EU the most attractive place in the global race for talent in the next five years. The proposal is consistent with the Union's policy on trade, in particular as regards the framework on Mutual Recognition Agreements established in EU free trade agreements. The initiative also contributes to the 2030 Agenda for Sustainable Development, in particular SDG 1 (No poverty), SDG 8 (Decent work and economic growth), SDG 9 (Industry, innovation and infrastructure) and SDG 10 (Reduced inequalities). 2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY • Legal basis The proposal is based on Article 79(2), points (a) and (b), TFEU, which empowers the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, to adopt measures in the area of the conditions of entry and residence of third- country nationals and the definition of their rights, including the conditions governing freedom of movement and of residence in other Member States and access to employment. Recognition of qualifications is directly linked to the conditions of entry and residence within the meaning of Article 79(2)(a) TFEU, since access to employment — and therefore to residence for work purposes — often depends on whether qualifications obtained in a third country can be recognised. The proposal also supports the effective exercise of the rights of third-country nationals legally residing in the Union under Article 79(2)(b) TFEU, by facilitating access to employment corresponding to their qualifications and reducing the underutilisation of their skills. This legal basis is distinct from the Single Market legal bases (Articles 46, 49, 53 and 62 TFEU) used for Actions 1 and 2 of the Skills Portability Initiative, which are confined in personal scope to EU nationals exercising free movement rights. In accordance with Article 79(5) TFEU, the proposal does not affect Member States' right to determine the volumes of third-country nationals admitted to their territory to seek work, whether employed or self-employed. • Subsidiarity (for non-exclusive competence) Article 79 TFEU falls within Title V TFEU (the Area of Freedom, Security and Justice), which Article 4(2)(j) TFEU identifies as a shared competence between the Union and the Member States. The objectives of streamlined, simple and trusted recognition procedures for third-country nationals cannot be sufficiently achieved by Member States acting alone. Divergent national systems, combined with the absence of any legal framework comparable to Directive 2005/36/EC, generate cross-border uncertainty and burden that individual Member States cannot resolve alone; recognition procedures interact structurally with EU migration instruments whose effectiveness depends on their functioning adequately; and the lack of trust in third-country qualifications would best be addressed through EU-level tools that generate economies of scale which would be inefficient to replicate separately across 27 national systems. This necessity was confirmed in the Public Consultation, in which 95.3% of respondents considered EU-level action very or somewhat necessary. Action at Union level is more effective than action at national level and delivers clear added value: it would allow EN 3 EN  third-country nationals to better understand requirements, prepare applications and anticipate outcomes; it would lower the administrative burden faced by employers, particularly SMEs, in navigating divergent national systems; and it would strengthen the EU's position in the global competition for talent by supporting instruments such as the EU Blue Card, the EU Talent Pool and Talent Partnerships. The preferred policy option is estimated to generate aggregate administrative savings for competent authorities, employers and third-country nationals amounting to approximately EUR 22.3 million per year, monetised time savings for applicants of approximately EUR 300 million per year, and a reduction in employer-borne administrative costs of approximately EUR 20 million per year — benefits that could not be achieved as efficiently through 27 separate national approaches. The proposal does not transfer Member States' competence over the definition of regulated professions, national education and training systems, or migration and admission decisions. • Proportionality The Impact Assessment examined three policy options: a non-binding option based on soft measures and guidance (PO1); a binding option establishing common procedural rules, including an EU authenticity-verification service and interoperable national databases (PO2); and a binding option combining these common rules with automatic recognition for a defined set of professions, grounded in prior verification of third-country learning programmes (PO3, the preferred option). Each option was assessed against the principles of subsidiarity and proportionality: PO1 imposes no new obligations on Member States; PO2 addresses procedural requirements without harmonising substantive assessment standards; and PO3, while going further, remains grounded in the existing framework of minimum training requirements under the Professional Qualifications Directive, preserves Member States' competence over qualification standards and admission decisions, and makes participation by third-country institutions in the automatic-recognition register voluntary. PO3 was identified as the preferred option because it generates aggregate net benefits substantially larger than the alternatives (an overall comparative score of 9, against 6 for PO2 and 3 for PO1, across the criteria of effectiveness, efficiency and coherence), while remaining limited to what is necessary: it does not create a 'once-only' EU-wide validity of recognition, does not harmonise which professions are regulated, and does not alter or interfere with Member States' competence over migration and admission decisions. Implementation obligations are proportionate to the improvements it delivers and sit within the established EU legislative tradition of minimum harmonisation in the field of recognition of qualifications. The measures in the proposal are directly linked to the scale and persistence of the problems associated with recognition of qualifications in the wider context of talent attraction. The general system simplifies procedures without harmonising substantive assessment standards. The automatic recognition system is grounded in prior programme verification. The system preserves Member State competence over qualification standards and admission decisions; participation by third-country institutions is voluntary and the system will expand based on demonstrated interest by the institutions, limiting the risk of unintended effects on origin country skills systems. The proposal does not affect Member State competence to take recognition decisions or manage migration and admissions. Further detail on the comparative assessment of policy options and their proportionality is set out in Sections 6 and 7 and the Preferred Option section of the Impact Assessment (SWD) accompanying this proposal. • Choice of the instrument The proposal takes the form of a Directive laying down minimum requirements for the recognition of qualifications of third-country nationals. A Directive is considered the most appropriate instrument, as it establishes binding common rules while leaving Member States the discretion to organise their competent authorities and to integrate the new rules within EN 4 EN  their own administrative and procedural traditions, consistent with the degree of harmonisation traditionally applied in this field (including under Directive 2005/36/EC). A Regulation was considered disproportionate and unsuitable given that the proposal lays down only a harmonised minimum set of rights and guarantees, leaving Member States free to introduce or maintain more favourable systems; the common rules must be integrated into the highly diverse recognition and migration procedures currently in place across Member States; and the common rules would not regulate the matter exhaustively. 3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS • Ex-post evaluations/fitness checks of existing legislation There is no existing EU legislation specifically addressing the recognition of qualifications of third-country nationals, and therefore no ex-post evaluation or fitness check of such legislation exists. The only EU-level instrument in this field, Commission Recommendation (EU) 2023/2611, is non-binding and has not been subject to formal ex-post evaluation. The problem analysis underpinning this proposal is instead based on extensive desk research, primary fieldwork and stakeholder consultation, described in the Impact Assessment, which quantifies the practical consequences of the current fragmented landscape, including the average cost (EUR 1,500) and duration (14.2 months) of recognition procedures for third- country nationals. • Stakeholder consultations A Call for Evidence covering the Skills Portability Initiative, its three actions and envisaged policy options was published on 5 December 2025 and remained open until 27 February 2026. A Public Consultation ran in parallel from October 2025 to April 2026. Targeted consultations were conducted between October 2025 and April 2026 with national competent authorities, healthcare professional organisations (including CPME, EFN and UEMO), employers, civil society organisations and third-country national applicants, including a dedicated third-country national survey, together with bilateral meetings and written contributions from Member State governments. Employer, third-country national, civil- society and professional-organisation respondents were broadly supportive of binding common procedural rules; Member State positions were more nuanced. Some Member States explicitly supported common rules modelled on the general system of Directive 2005/36/EC; others offered conditional support tied to avoiding new administrative burden and maintaining alignment with existing national frameworks. These positions, and the Commission's assessment of how they have been reflected in the preferred option, are summarised in Annex 2 (Stakeholder consultation synopsis report) of the Impact Assessment. • Collection and use of expertise The Impact Assessment draws on a study conducted by an external contractor (a consortium led by EY Italy in collaboration with the Istituto Ricerca Sociale, IRS). The call for tenders was launched on 25 July 2025 and the study was awarded on 16 October 2025, with a kick-off meeting on 24 October 2025, an inception report delivered on 16 December 2025, a draft interim report on 3 March 2026 and a final report on 30 April 2026. An Inter-Service Steering Group, comprising more than twenty Commission services, met three times to steer the preparation of the Skills Portability Initiative, complemented by a dedicated steering group for the external study and other bilateral meetings. EN 5 EN  • Impact assessment This proposal is supported by an Impact Assessment. The draft Impact Assessment was submitted to the Regulatory Scrutiny Board on 15 June 2026 and examined by the Board on 15 July 2026. The Regulatory Scrutiny Board issued a positive opinion with comments on the draft Impact Assessment on 17 July 2026. Three policy options were compared against a 'do- nothing' baseline: PO1 (non-binding soft measures), PO2 (common binding procedural rules) and PO3 (common binding procedural rules with automatic recognition for a defined set of regulated professions, the preferred option). PO3 scored highest across all three comparative criteria (effectiveness, efficiency and coherence), generating aggregate administrative savings estimated at EUR 22.3 million per year, monetised time savings for applicants of approximately EUR 300 million per year, and a reduction in employer-borne administrative costs of approximately EUR 20 million per year, against implementation costs of EUR 28.7– 50.7 million one-off and EUR 3.7–6.0 million per year, borne mainly at EU level. The final policy proposal reflects the preferred option identified in the Impact Assessment. • Regulatory fitness and simplification While this is not a REFIT initiative in the strict sense, the proposal is designed to reduce, rather than add to, the administrative burden currently faced by third-country nationals, employers and competent authorities. Common procedural rules are estimated to reduce certified translation needs by around one third, while the new support services for assessment of authenticity will reduce the burden associated with verifying documents. Mandatory coordination between recognition and migration authorities eliminates duplicate qualification assessments across parallel administrative procedures. In line with the simplicity by design principles applied to this proposal, the following elements were assessed and addressed: (i) digital-by-default delivery, (ii) the "once-only" principle for organisation of recognition procedures, and (iii) proportionality for small administrations and employers. For the professions covered by automatic recognition, processing times are projected to fall from 14.2 months to approximately 4 months freeing competent authority capacity for more complex cases. Employers stand to benefit from faster recruitment and more predictable timelines, with administrative costs for hiring a recognised professional estimated to fall by 35–50% for sectoral professions, generating indicative aggregate savings of EUR 14–30 million per year. No new administrative costs are expected for citizens or businesses, consistent with the 'one in, one out' approach; the proposal does not impose compliance obligations on economic operators, notably SMEs and micro-enterprises, and therefore does not require a specific exemption for micro-enterprises. A dedicated SME panel survey captured the specific experiences and views of SMEs to gather their understandings of the costs, administrative burden and expected benefits associated with EU-level action. The SME Panel Survey (2026, n=159) found that 68% of respondents identify reduced administrative burden during recruitment as the primary anticipated benefit of a more common EU recognition framework, 61% identify faster recruitment processes, and 70% identify faster and more transparent procedures as a structural factor in attracting qualified third-country professionals. Faster, more predictable procedures are expected to generate monetised time savings for employers of around EUR 20 million per year. The proposal is designed to be internet-ready: it requires that all requirements, procedures and formalities in recognition procedures may also be completed remotely and by electronic means and that relevant information is made available on existing EU digital tools and platforms. • Fundamental rights The proposal reduces procedural barriers to recognition, enhancing access to occupations and employment rights (Articles 15 and 20 of the Charter of Fundamental Rights of the European EN 6 EN  Union; Principle 4 of the European Pillar of Social Rights). It introduces enforceable procedural guarantees — binding timelines, defined documentation requirements and appeal rights — giving third-country nationals an effective remedy against procedural failures (Article 47 of the Charter) and supporting the right to good administration (Article 41). By enabling access to regulated professions commensurate with qualifications of third-country nationals, it improves fair and just working conditions (Article 31 of the Charter; Pillar Principles 5 and 6). A common procedural baseline applicable irrespective of nationality reinforces compliance with the principle of non-discrimination and promotes equal opportunities (Articles 21 and 23 of the Charter; Pillar Principles 2 and 3); the automatic recognition channel addresses the risk of undeclared work disproportionately borne by women in care and nursing professions, with a direct gender-equality dimension, and tailored information and support are provided for refugees and other vulnerable applicants. The proposal also gives effect to the requirement of a high level of human health protection (Article 35 of the Charter), as recognition of medical qualifications remain conditional on meeting the applicable minimum training requirements, compensation measures and language controls. Processing of personal data by Member States' competent authorities under this Directive is carried out in accordance with Regulation (EU) 2016/679 (GDPR); processing by the Commission, including for the support services for assessment of authenticity, is carried out in accordance with Regulation (EU) 2018/1725 (EUDPR). 4. BUDGETARY IMPLICATIONS The proposal entails budgetary implications for the Union, principally linked to the establishment and operation of the support services for assessment of authenticity (Article 28), to be procured externally, the review architecture underpinning automatic recognition (trusted review bodies and the associated delegated-act framework under Articles 12, 14 and 16), and the secretariat of the group of coordinators for the recognition of qualifications of third-country nationals (Article 33). The resources needed may be provided in the Commission’s proposal for the next MFF 2028- 2034, in particular the EU Facility under the National and Regional Partnership Plans. The Commission assesses that part of the existing staff can be redeployed to meet the needs generated by this proposal, and an additional three full-time equivalents will be necessary to complement the overall needs. The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative. 5. OTHER ELEMENTS • Implementation plans and monitoring, evaluation and reporting arrangements A group of coordinators for the recognition of qualifications of third-country nationals is established as an advisory group to the Commission (Article 33), tasked with facilitating cooperation between Member States and the Commission, supporting implementation, and ensuring coordination with other relevant expert groups. The existing network of national contact points designated under Article 57 of Directive 2005/36/EC will also cover matters arising under this Directive (Article 34). Monitoring will be based on headline indicators for each specific objective. From the date of application, Member States will submit annual EN 7 EN  statistics on applications, processing times, information exchanges and use of the automatic recognition channel and the authenticity-verification service (Article 35); operational data from the support services for assessment of authenticity will feed directly into this monitoring without additional national reporting obligations. Member States will submit implementation reports to the Commission, and the Commission will report to the European Parliament and the Council no sooner than seven years after the date of transposition (Article 37), covering processing times, outcomes, user experience and identified bottlenecks. A formal evaluation of the Directive's effectiveness, efficiency, coherence and EU added value is envisaged no sooner than seven years after the date of transposition, examining in particular whether processing times and administrative costs have fallen, the uptake of the automatic recognition channel, and whether trust in third-country qualifications has increased. • Detailed explanation of the specific provisions of the proposal Title I — General provisions (Articles 1–3) Article 1 sets out the subject matter: minimum requirements for the recognition of qualifications obtained in a third country or another Member State, held by third-country nationals, where recognition facilitates access to a regulated profession or is part of a procedure to obtain a long-stay visa or a residence permit. Article 2 defines the personal and material scope, covering third-country nationals already legally residing in a Member State and those seeking entry and residence who demonstrate a clear intention to migrate (for instance through an ongoing procedure to obtain a long-stay visa or a residence permit, a job offer, or registration on the EU Talent Pool). Article 3 sets out the definitions used throughout the Directive, including 'recognition of professional qualifications', 'recognition in the context of a procedure to obtain a long-stay visa or a residence permit', and 'digital credential'. Title II — Recognition to access a regulated profession (Articles 4–20) Chapter 1 (Articles 4 to 6) sets out the general effects of recognition for access to regulated professions, the conditions for partial access, and the processing of qualifications already obtained within the Union. Chapter 2 (Articles 7 to 10) establishes a general system for the recognition of evidence of training issued in third countries, modelled on the general system of Directive 2005/36/EC, including the conditions for recognition (Article 8), the compensation measures that may be imposed where substantial differences exist (Article 9), and the minimum training requirements applicable to certain sectoral professions (Article 10). Chapter 3 (Articles 11 to 15) establishes the automatic recognition mechanism for a defined set of professions (doctors, nurses responsible for general care, dental practitioners, midwives, veterinary surgeons, pharmacists and architects) obtained in a third country, on the basis of training programmes reviewed by a 'trusted review body' against the applicable quality- assurance and minimum-training frameworks. Article 13 sets out the review criteria, Article 14 the methodology and the composition of the review team; Article 15 provides a right to appeal review decisions and a Member State challenge mechanism; Article 12 defines which bodies may act as trusted review bodies; and Article 16 empowers the Commission to recognise third countries whose education and training systems provide sufficient guarantees, simplifying or waiving the review requirement for institutions established there. Chapter 4 (Articles 17 to 20) sets out rules for pursuing the profession once recognised, covering language requirements, use of academic and professional titles, and approval by health insurance funds. Title III — Recognition in the context of a procedure to obtain a long-stay visa or a residence permit (Articles 21 to 26) EN 8 EN  This Title applies where recognition or assessment of a qualification is a condition for, or influences the outcome of a procedure to obtain a long-stay visa or a residence permit. Article 22 establishes the right to assessment of qualifications where this is part of a procedure to obtain a long-stay visa or a residence permit. Article 23 requires that recognition procedures under this Title be limited to what is necessary and be integrated into the relevant procedure to obtain a long-stay visa or a residence permit wherever possible, avoiding duplicate assessments, separate applications or additional fees. Article 24 requires that qualification levels be assessed using the European Qualifications Framework; Article 25 sets out a learning-outcomes approach for cases going beyond a simple level comparison, including the compensation measures available where substantial differences are identified. Article 26 gives applicants the option of an integrated procedure combining migration-related recognition with recognition of qualifications for access to a regulated profession, avoiding duplication of effort. Title IV — Common provisions (Articles 27 to 32) Article 27 limits the documents and formalities that competent authorities may require to those listed in Annex VII of Directive 2005/36/EC, and provides for alternative methods of verification where confirmation from a third country is unfeasible within the applicable deadline. Article 28 establishes support services for assessment of authenticity, provided by the Commission to Member States as advisory (non-binding) assessments of the authenticity of qualifications submitted by applicants, operating in accordance with Regulation (EU) 2018/1725. Article 29 sets binding procedural deadlines for recognition decisions (in principle three months from the submission of a complete application), together with information and appeal rights. Article 30 requires that recognition procedures under Title II and III can be completed remotely and electronically, and provides safeguards on residence permits during the procedure. Article 31 sets criteria for any fees charged. Article 32 requires Member States to provide third-country nationals with timely, comprehensive and user-friendly information on recognition procedures, including tailored information for refugees and other vulnerable applicants. Title V — Reporting and final provisions (Articles 33 to 42) Article 33 establishes a group on the recognition of qualifications of third-country nationals as an advisory group to the Commission. Article 34 extends the role of existing assistance centres designated under Directive 2005/36/EC to matters covered by this Directive. Article 35 extends the application of the alert mechanism of Directive 2005/36/EC to third-country nationals. Article 36 sets out the conditions for the exercise of the delegated powers conferred on the Commission. Article 38 sets out the conditions for the exercise of the implementing powers conferred on the Commission. Article 39 establishes implementation and reporting obligations. Articles 40 to 42 contain the standard final provisions on transposition, entry into force and addressees. EN 9 EN  2026/0275 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the recognition of qualifications of third-country nationals (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2), points (a) and (b), thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national Parliaments, Acting in accordance with the ordinary legislative procedure, Whereas: (1) To enhance labour market efficiency, foster fair integration, and strengthen the Union's economic resilience and competitiveness, it is necessary to establish a clear, common and predictable framework for the recognition of the qualifications of third- country nationals, obtained in another Member State or in a third country, for the purposes of access to a regulated profession in a Member State and of obtaining a long-stay visa or a residence permit. (2) Third-country nationals, whether already legally residing in a Member State or seeking to enter and reside in the Union, encounter recognition procedures for their qualifications that are often fragmented, overly complex, and lacking transparency, resulting in uncertainty, delays, and inconsistent outcomes across Member States. Member States have taken commitments under the Lisbon Recognition Convention1 and the Global Convention on Higher Education2, yet national rules still present varying requirements, procedures, and outcomes depending on the Member State, the profession concerned, and the competent authority. Those disparities and complexity create unnecessary barriers to labour market integration, contribute to skills waste, and undermine the Union's ability to attract and retain the talent needed to address persistent skills shortages. (3) This Directive forms part of a package together with [Regulation xxxx/xx/EU establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724 ('Skills Portability Act')] s and [Directive xx/xxx amending Directive 2005/36]. Digital qualification attestations issued under that Regulation should be accepted as digital credentials for the purposes of this Directive. 1 Council of Europe and UNESCO, "Convention on the Recognition of Qualifications concerning Higher Education in the European Region", ETS No. 165, Lisbon, 11 April 1997. coe.int. 2 UNESCO, "Global Convention on the Recognition of Qualifications concerning Higher Education", Paris, 25 November 2019. https://www.unesco.org/en/legal-affairs/global-convention-recognition- qualifications-concerning-higher-education. EN 10 EN  Where a third-country national holds a qualification obtained in the Union, recognition should take place under this Directive by applying the rules of Directive 2005/36/EC accordingly, in order to avoid parallel procedures. (4) The Union's ability to attract and retain skilled third-country nationals is a key determinant of its long-term competitiveness. The Union currently competes at a disadvantage in the global market for talent, with skilled third-country nationals often favouring other destinations, among others, due to the fragmented, complex and unpredictable procedures they face in seeking recognition of their qualifications in the Union. (5) Existing Union instruments on migration, such as Council Directive 2003/109/EC3, Directives 2014/36/EU4, 2014/66/EU5, (EU) 2016/8016, (EU) 2021/18837, and (EU) 2024/12338 of the European Parliament and of the Council, do not establish rules on the organisation, structure or functioning of recognition systems, nor rules for Member States to simplify, harmonise or coordinate recognition procedures, in cases where recognition is required for migration purposes. Consequently, divergences in national approaches persist, and the structural misalignment between migration systems and qualification recognition frameworks remains unaddressed. Faster and more effective recognition of qualifications would also strengthen the effectiveness of the EU Talent Pool established by Regulation (EU) 2026/1047 of the European Parliament and of the Council9. Once operational, the EU Talent Pool will provide the first Union-wide platform addressing labour shortages at the Union level by facilitating the recruitment of third-country nationals. In that regard, it is key to support employers' understanding of the qualifications of third-country nationals, and the confidence of Member States' competent authorities that the qualifications presented correspond to recognised levels of skills. Streamlined and reliable recognition of qualifications therefore supports the functioning of the EU Talent Pool by providing the necessary assurance to employers and host Member States, and by reducing the administrative burden on third-country nationals. By reducing the mismatch between the qualifications held by third-country nationals and the level of employment they actually obtain, this Directive also 3 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44, ELI: http://data.europa.eu/eli/dir/2003/109/oj). 4 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj). 5 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1, ELI: http://data.europa.eu/eli/dir/2014/66/oj). 6 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj). 7 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj). 8 Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L, 2024/1233, 30.04.2024, ELI: http://data.europa.eu/eli/dir/2024/1233/oj). 9 Regulation (EU) 2026/1047 of the European Parliament and of the Council of 29 April 2026 establishing an EU Talent Pool (OJ L, 2026/1047, 12.5.2026, ELI: http://data.europa.eu/eli/reg/2026/1047/oj). EN 11 EN  contributes to strengthening the labour market participation of disadvantaged groups within the Union. (6) For the purposes of this Directive, recognition of qualifications should be understood as covering both recognition for the purpose of access to a regulated profession and recognition in the context of a procedure to obtain a long-stay visa or a residence permit. This Directive should therefore apply to third-country nationals seeking either form of recognition, independently of whether their qualifications were obtained in a Member State or a third country, and irrespective of whether they are already legally residing in the Union or are seeking to migrate to it with a demonstrated intention to do so, such as through the EU Talent Pool. (7) The provisions of this Directive should be without prejudice to the competence of Member States to regulate professions or determine the requirements for issuing a long-stay visa or a residence permit regulated under national law, and, in accordance with Article 79(5) TFEU, to their right to determine the volume of third-country nationals admitted to their territory for the purpose of seeking work. (8) Access to regulated professions depends on the possession of the required professional qualifications or of professional qualifications that can be recognised as equivalent to those qualifications required to practise in the host Member State. Third-country nationals face significant disparities in recognition procedures across Member States. Differences in required documentation, compensation measures and assessment methods risk encouraging applicants to target jurisdictions with more lenient procedures before relocating, which undermines fairness and places the Union at a competitive disadvantage in attracting global talent. (9) In order to ensure equal treatment and non-discriminatory access to the profession, recognition of professional qualifications should enable third-country nationals to access and pursue in the host Member State the same profession as that for which they are qualified in another Member State or in a third country, under the same conditions as nationals of the host Member State. For third-country nationals, access to the profession should remain subject to applicable requirements relating to residence, employment and other legal conditions, and should not create new entry or residence rights. Access under the same conditions should also mean that, where nationals of the host Member State are required, in order to pursue the profession, to satisfy additional requirements, such as providing evidence of a clear criminal and professional record, the host Member State may apply the same requirements to third-country nationals. (10) In order to avoid imposing disproportionate requirements on applicants, where the regulated profession in the host Member State covers activities going beyond those for which the applicant is qualified, and full compensatory measures would in practice amount to requiring completion of an entire training programme, the host Member State should be able to grant partial access, provided that the relevant activity can objectively be separated from other activities covered by the profession and subject to the case-law of the Court of Justice of the European Union on overriding reasons of general interest. (11) In order to ensure the consistent treatment of qualifications obtained within the Union, while respecting the distinction with the freedom to provide services under Article 56 TFEU, where third-country nationals hold attestations of competence, evidence of formal qualifications or professional experience acquired in a Member State that would enable a Union citizen to access a regulated profession under Title III of EN 12 EN  Directive 2005/36/EC of the European Parliament and of the Council10, the relevant provisions of that Directive concerning the right of establishment should apply mutatis mutandis to them. (12) To enable third-country nationals to make full use of those qualifications obtained in a third country, while ensuring that recognition is subject to appropriate safeguards, two complementary recognition systems should be established. First, a general system, closely mirroring Title III, Chapter I of Directive 2005/36/EC and adapted to the context of third-country qualifications; and, second, a system for the automatic recognition of selected qualifications that meet Union minimum training and quality standards, also adapted to reflect the specific challenges of assessing qualifications obtained outside the Union. (13) In order to ensure that all applicants have access to an appropriate assessment pathway, qualifications acquired in a third country that do not benefit from automatic recognition should be assessed under the general system, modelled on the general system established by Directive 2005/36/EC but adapted to reflect the specific difficulties of assessing qualifications and professional experience acquired outside the Union. (14) This Directive should also allow Member States to rely on alternative, reliable methods of verification where the necessary documentation cannot reasonably be obtained from a third country, so that recognition procedures are not obstructed by circumstances outside the applicant's control. (15) In order to prevent compensation measures from being used as a disguised or disproportionate barrier to recognition, under the general system, compensation measures should remain limited to cases of substantial differences between the applicant's qualification and domestic requirements, and of justified doubts about the quality of the third country's education system. In light of the difficulties of assessing third-country qualifications, including variable training standards and legitimate doubts as to the quality of education systems, Member States should be afforded greater flexibility than under Article 14 of Directive 2005/36/EC in determining whether and which compensation measures to impose. To ensure that doubts concerning the quality of education and training systems of third countries are not invoked arbitrarily or without justification, Member States should notify the Commission of the country and profession concerned and explain the nature of the doubts. Moreover, any compensation measure should comply with the principle of proportionality, take due account of relevant knowledge, skills and competences already demonstrated by the applicant, and be applied in a manner that safeguards applicants' procedural rights and supports their effective integration into the profession. (16) A system of automatic recognition speeds up recognition processes by removing the need for individual assessments, reducing administrative burdens and ensuring greater consistency in outcomes across Member States. It also has the potential to incentivise the development of third-country training programmes aligned with Union standards, expanding the pool of qualified professionals eligible to practise in the Union. 10 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, ELI: http://data.europa.eu/eli/dir/2005/36/oj). EN 13 EN  (17) The automatic recognition system should initially cover professions for which Directive 2005/36/EC has already established harmonised minimum training requirements, namely doctors, nurses responsible for general care, dental practitioners, midwives, veterinary surgeons, pharmacists and architects, given their importance for public health and safety and the persistent labour shortages affecting them. Its scope should also extend to any profession for which a Common Training Framework is adopted pursuant to Article 49a of Directive 2005/36/EC, ensuring the system remains adaptable over time. (18) To ensure the trustworthiness of the automatic recognition system, evidence of formal qualifications benefiting from it should be issued following completion of a training programme reviewed by a trusted independent body and should be issued as a digital credential ensuring authenticity, security and ease of verification. The review process, including any negative outcome, and the underlying review report should be made public to ensure full transparency. (19) A training programme should be regarded as ‘reviewed’ only where a trusted review body has confirmed its compliance with the applicable quality and content standards, including alignment with the minimum training conditions set out in Directive 2005/36/EC or the relevant common training framework. Given the greater variability in oversight and transparency across third-country education systems compared with the Union, such review requires more extensive scrutiny than in the context of qualifications obtained within the Union, so as to ensure that only qualifications meeting Union standards are eligible for automatic recognition. (20) In order to ensure the rigour, credibility and transparency of the automatic recognition system, the review process should be carried out by a multidisciplinary team of independent experts with relevant subject-matter and quality assurance expertise, including through an on-site assessment of the training environment, delivery methods and quality assurance practices for the training programme. The 'reviewed' status granted to a training programme should be time-limited and subject to periodic renewal, to ensure that training standards continue to be met over time and that any subsequent changes to applicable minimum training requirements are properly reflected. (21) In order to ensure the scalability and sustainability of the review system, a review should take place at the request of, and be funded by, the individual third-country training institution concerned, with results published. To ensure fairness and accountability, training institutions should have the right to appeal review decisions under the national law of the Member State where the trusted review body is established, which have to be resolved promptly and fairly. (22) To further strengthen trust in the automatic recognition system, Member States should have a means of contesting a review decision where they have justified doubts as to its correctness, subject to appropriate safeguards against misuse of that mechanism. (23) To ensure the reliability, independence, expertise and accountability of the review process, only quality assurance agencies established in the Union and meeting certain eligibility criteria should be recognised as trusted review bodies, and their authority should be limited to specified professions. (24) In order to facilitate the recognition procedure for qualifications obtained in third countries whose education and training systems offer sufficient guarantees of quality, EN 14 EN  oversight and administrative cooperation, the review requirement should be adjusted for the institutions established in those third countries. (25) While applicants should have the language knowledge necessary to practise their profession in the host Member State, language controls should only be carried out after recognition of the qualification, to avoid creating unnecessary barriers within the recognition process itself, and should be proportionate to the profession and activity concerned. (26) In the context of procedures for obtaining long-stay visas and residence permits for work purposes, Member States routinely assess the qualifications of third-country nationals as part of the applications, yet assessment criteria and approaches vary across Member States and legal pathways, often creating uncertainty for applicants and disparities in outcomes. To address those challenges, a common framework for recognition in the context of such procedures should be established, complementing and aligning with existing Union legal migration instruments and national rules, without adding procedural burdens or conflicting with more favourable provisions. (27) This Directive should establish a right for third-country nationals to obtain the assessment of their qualifications where such recognition constitutes a prerequisite or material factor for a positive outcome of the procedures to obtain long-stay visas and residence permits, ensuring access to a fair, efficient and non-discriminatory procedure. Where a Member State already treats a foreign qualification as equivalent to a domestic one without requiring formal recognition, this Directive should not oblige that Member State to introduce an additional procedure. (28) Formal recognition requirements should be avoided to access professions that are not regulated, in favour of transparency and comparability tools, such as the European Qualifications Framework11 and Europass12, which enable third-country nationals, employers and competent authorities to understand and compare qualifications and skills. Where a procedure to obtain a long-stay visa or a residence permit concerns access to a profession that is not regulated, Member States should rely on such tools rather than impose formal recognition requirements, and nothing in this Directive should be construed as requiring Member States to introduce such requirements for that purpose. (29) In order to prevent gaps in the protection of applicants, a common set of minimum procedural rules should apply to all recognition processes carried out in the context of procedures for obtaining a long-stay visa or a residence permit, whatever their scope, depth or complexity. Those rules should always be applied proportionately to their purpose. Where a check is intended only to confirm that qualifications are genuine and relevant, or to verify a qualification's level, Member States should apply simpler and faster procedures than those used for recognition for access to regulated professions. Nothing in this Directive should be constructed as requiring Member States to establish new or standalone recognition procedures where the necessary assessment can be carried out within existing migration procedures. 11 Council recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning and repealing the recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 189, 15.6.2017, p. 15). 12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (Europass) and repealing Decision No 2241/2004/EC. EN 15 EN  (30) In order to ensure a consistent and objective basis for assessing qualification levels across Member States, where procedures for obtaining a long-stay visa or a residence permit require an assessment of an applicant's qualification level, that assessment should be based on the descriptors and levels of the European Qualifications Framework, having regard to national qualifications frameworks and, where available, existing comparisons between third-country frameworks and the European Qualifications Framework. Where a more detailed assessment is required, going beyond a comparison of levels or a general classification of the field of study, a learning outcomes approach should be applied, comparing the applicant's acquired skills against those required in the host Member State. To avoid applicants unnecessarily completing compensation measures before a final decision on entry or residence, qualifications assessed under a learning outcomes approach should be provisionally recognised for the purposes of the procedure for obtaining a long-stay visa or a residence permit, with any compensation measure required only once entry or residence has been granted. (31) To avoid that third-country nationals undergo parallel and duplicative procedures, Member States should offer applicants seeking both a long-stay visa or a residence permit and access to a regulated profession an integrated recognition procedure, and, where applicants do not choose that option, ensure effective coordination between the separate procedures, including referral mechanisms and reuse of prior verifications. (32) Recognition procedures often impose significant administrative and financial burdens on applicants, in particular due to extensive documentation requirements, including diplomas, transcripts and evidence of professional experience, and the associated costs of translation. To alleviate this burden, Member States should limit the documents and certificates they require to the types of documents listed in Annex VII of Directive 2005/36/EC. Where the procedure to obtain a long-stay visa or a residence permit does not require recognition or assessment of qualifications that would give access to a regulated profession in its territory, Member States should limit documentary requirements to those directly related to the applicant’s qualifications. Since there may be exceptional reasons, such as non-cooperation, non-responsiveness or administrative dysfunction of a third-country authority, an applicant should be able to show that despite reasonable efforts, they were unable to obtain the requested documents. Member States should be able to employ reliable alternative methods to assess qualifications, skills or other evidentiary elements. (33) In cases of justified doubts regarding the authenticity of submitted documents, or regarding an applicant's professional conduct or criminal record, Member States should be able to seek confirmation from the competent authorities of the third country or Member State where the qualification was awarded. However, in view of their inherent security and verification mechanisms, digital credentials should be presumed authentic, and their validity should not be challenged. Since third countries may nonetheless fail to provide such confirmation in a timely manner due to, for example, non-cooperation, non-responsiveness or administrative dysfunction, and in order to ensure that recognition procedures are not delayed or obstructed by circumstances outside the applicant's control, Member States should be able to rely on reliable alternative methods of attestation. (34) Doubts about the authenticity of qualifications are a major obstacle to efficient recognition procedures. Verifying third-country qualifications often proves complex and resource-intensive for Member States, leading to delays, administrative burdens, and legal uncertainties. These challenges are particularly acute for documents issued in EN 16 EN  countries with less strong institutional frameworks or conflicts, where verification is difficult. This problem is further compounded by the prevalence of fraudulent credentials and diploma mills, which undermine trust in qualification recognition procedures. While Member States have introduced stringent verification measures – such as certified translations, notarised copies, and legalisation – those measures, though aimed at ensuring authenticity, prolong processing times and increase costs for applicants and authorities alike. To support Member States in verifying the authenticity of qualifications obtained in third countries, the Commission will provide support services for the assessment of authenticity, by pooling expertise, digital tools and through cooperation with third countries and relevant educational and professional bodies. Since responsibility for the underlying recognition decision remains with the competent authorities of the Member States, in providing these services the Commission shall only have an advisory role, providing reasoned technical support rather than binding conclusions. (35) The exchange of requests and responses between the Commission and the competent authorities of the Member States for the assessment of authenticity entails cross-border exchanges of data in support of the recognition of qualifications obtained in third countries. The authentication support services constitute a trans-European digital public service within the meaning of Regulation (EU) 2024/903 (the Interoperable Europe Act), given that their operation entails cross-border exchanges of data to support the recognition of qualifications of third-country nationals. Their operation should therefore be subject to an interoperability assessment as referred to in that Regulation, to be carried out through a delegated act. (36) The processing of personal data by the Commission is necessary for the performance of a task carried out in the public interest, namely supporting Member States in assessing the authenticity of qualifications obtained in third countries, that task being laid down in this Directive. Such processing should therefore be based on Article 5(1), point (a), of Regulation (EU) 2018/1725. (37) The duration and unpredictability of qualification recognition procedures constitute major obstacles for third-country nationals seeking to enter or integrate into the Union labour market. Beyond decision-making times, the overall duration is further prolonged by document collection, translation, legalisation and compensation measures, hampering individuals' professional integration and disrupting employers' recruitment processes. To enhance legal certainty and procedural efficiency, clear time limits for the acknowledgement of applications and the completion of recognition procedures should be set. Competent authorities should be required to keep applicants informed of the progress of their application. Recognition procedures should remain fully accessible to beneficiaries of international protection unable to provide documentary evidence of their qualifications, in accordance with Article 30(2) of Regulation (EU) 2024/1347 of the European Parliament and of the Council13, while respecting the minimum training requirements provided for in Article 2(2) of Directive 2005/36/EC. 13 Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council (OJ L, 2024/1347, 22.05.2024, ELI: http://data.europa.eu/eli/reg/2024/1347/oj). EN 17 EN  (38) The time limits applicable to the recognition procedure should be without prejudice to, and should not extend, suspend or otherwise affect, deadlines laid down under national or Union law for examining applications for long-stay visas or residence permits. Member States should organise the recognition procedure so as not to undermine the timely processing of such applications. (39) To safeguard applicants' rights, decisions on recognition, or failures to meet prescribed deadlines, should be subject to appeal under national law. Member States should also allow applicants to receive communications in either an official language of the host Member State or another language commonly used by third-country nationals there. (40) Access to recognition procedures remains a significant challenge for third-country nationals residing outside the Union or lacking a legal pathway to enter a Member State solely for this purpose, particularly where procedures rely on in-person verification or national electronic identification is unavailable prior to entry. Member States should therefore enable applicants not yet residing in their territory but with a demonstrated intention to do so to complete the process remotely. (41) Since recognition may be a precondition for the issuance or renewal of a residence or work permit, and since a residence permit may itself expire before an applicant completes a required compensation measure, Member States should ensure that third- country nationals already legally residing in their territory are not deprived of their residence status as a result of undergoing a recognition procedure, including by issuing or extending residence permits for the duration of any compensation measure. (42) To further simplify recognition procedures, Member States should allow their completion remotely and by electronic means, without prejudice to the ability of competent authorities to request certified copies at a later stage where justified doubts arise. (43) Recognition procedures often impose significant and unpredictable financial burdens on applicants, including application fees, translation and legalisation costs, and charges linked to compensation measures, with particularly high costs observed in some healthcare professions. Member States should ensure that any fees charged are transparent, justified and proportionate. (44) Access to clear, comprehensive and user-friendly information is essential for third- country nationals seeking recognition of their qualifications, yet current information mechanisms across Member States often fall short of applicants' needs. Member States should ensure timely, accurate and user-friendly information on recognition procedures, including through digital platforms and national assistance centres, with particular attention to the needs of refugees, beneficiaries of international protection, and other applicants unable to access or understand such information autonomously. (45) Member States should take into account the risk that facilitated recognition of qualifications obtained in third countries may contribute to the loss of skilled personnel from sectors or regions already affected by workforce shortages, in particular in the health sector. Member States should cooperate with third countries of origin, including through knowledge-sharing, support for skills development, and circular migration opportunities, so as to mitigate the risk of such losses while facilitating the fair recognition of qualifications for third-country nationals already present in, or seeking to move to, the Union. In the health sector specifically, Member States should have regard to the principles set out in the World Health Organization Global Code of Practice on the International Recruitment of Health Personnel, and to EN 18 EN  the WHO Health Workforce Support and Safeguards List, when engaging in the recruitment of health personnel qualified in third countries identified in that List as facing critical health workforce shortages. (46) To ensure effective and consistent implementation of this Directive, a group on the recognition of qualifications of third-country nationals should be established to support cooperation between Member States and the Commission and the exchange of experience and best practices. The assistance centres designated by Member States pursuant to Article 57b of Directive 2005/36/EC should also assume responsibility for matters relating to the recognition of qualifications of third-country nationals under this Directive, without prejudice to the responsibilities of other competent authorities under Union or national law. (47) In order to achieve the objectives of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to establish and amend a list of trusted review bodies. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making14. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (48) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.15 (49) To enable effective monitoring of the implementation and impact of this Directive, and to support its continuous improvement, Member States should provide the Commission with annual statistics on the number of applications and decisions taken, and should report periodically on the practical application of the provisions of this Directive, including processing times, outcomes and stakeholder feedback, on the basis of which the Commission should report to the European Parliament and the Council. (50) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and is not bound by it or subject to its application. [Or: In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified, by letter of XXX, its wish to take part in the adoption and application of this Directive.] 14 OJ L 123, 12.5.2016, p. 1, http://data.europa.eu/eli/agree_interinstit/2016/512/oj. 15 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). EN 19 EN  (51) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application. (52) Since the objectives of this Directive, namely, to establish a streamlined and trusted framework for the recognition of third-country nationals' qualifications, cannot be sufficiently achieved by Member States but can, by reason of scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity under Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, this Directive does not go beyond what is necessary to achieve those objectives. (53) The processing of personal data under this Directive by the competent authorities of the Member States should be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council16. The processing of personal data under this Directive by the Commission, including for the support services for assessment of authenticity, should be carried out in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council17. (54) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on (…) ], HAVE ADOPTED THIS DIRECTIVE: Title I General provisions Article 1 Subject matter 1. This Directive lays down minimum requirements for the recognition of qualifications held by third-country nationals. 2. This Directive shall not affect provisions of Union law and national law which are more favourable to third-country nationals, including provisions regarding procedures to obtain long-stay visas or residence permits where recognition forms part of such procedures. This Directive shall also apply without prejudice to relevant international instruments, including future or existing mutual recognition agreements for qualifications with third countries. Article 2 Scope 16 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). 17 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). EN 20 EN  1. This Directive shall apply to the recognition of qualifications held by third-country nationals: (a) legally residing in a Member State; (b) seeking entry to and residence in a Member State, and that are undergoing a procedure to obtain a long-stay visa or a residence permit in accordance with Title III; (c) seeking entry and residence in a Member State, and that apply for recognition remotely in accordance with Article 30, and who meet one of the following conditions: (i) they have obtained a job offer in that Member State; (ii) they are registered as a jobseeker on the EU Talent Pool established by Regulation EU(2026)1047 and have been selected for a job vacancy or have been contacted by an employer to start the recruitment process for a job in that Member State, where recognition of qualifications is required for the role. It does not apply to the recognition of qualifications for the purpose of access to further learning. 2. For the purposes of paragraph 1, this Directive shall apply where the recognition of those qualifications, whether obtained in another Member State or in a third country: (a) is a precondition to access and pursue a regulated profession within a Member State, on either self-employed or employed basis; or (b) constitutes a factor determining the outcome of a procedure to obtain a long- stay visa or a residence permit for work purposes. 3. This Directive shall not apply to third-country nationals who, under agreements between the Union and its Member States, on the one hand, and third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens. 4. This Directive shall not apply to notaries who are appointed by an official act of government. Article 3 Definitions For the purposes of this Directive, the following definitions apply: (a) ‘applicants’ means third-country nationals who apply to a host Member State for the recognition of their qualifications and/or to obtain long-stay visas or residence permits; (b) ‘regulated profession’ means a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC; (c) ‘professional qualifications’ means qualifications attested by evidence of formal qualifications, an attestation of competence and/or professional experience; (d) ‘recognition of professional qualifications’ means the recognition by the host Member State of a professional qualification obtained in another Member State or in a third country for the purposes of access to or pursuit of a regulated profession in the territory of the host Member State; EN 21 EN  (e) ‘evidence of formal qualifications’ means diplomas, certificates and other evidence issued by an authority in a Member State or a third country designated pursuant to legislative, regulatory or administrative provisions of that Member State or that third country and certifying successful completion of professional training; (f) ‘attestation of competence’ means documentation issued by the competent authority in a Member State or third country designated in accordance with relevant legislative, regulatory, or administrative provisions, on the basis of one or more of the following: (i) A training course not forming part of a certificate or diploma; (ii) a specific examination without prior training; (iii) full-time pursuit of the profession in a Member State or third country for three consecutive years or for an equivalent duration on a part-time basis during the previous 10 years; (iv) general primary or secondary education attesting that the holder has acquired general knowledge; (g) ‘recognition in the context of a procedure to obtain a long-stay visa or a residence permit’ means the recognition or assessment, by a Member State, of qualifications or skills obtained in a third country or in another Member State, and held by a third- country national, where it constitutes a factor determining the outcome of a procedure to obtain a long-stay visa or a residence permit, including within a points- based immigration system; (h) ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) TFEU; (i) ‘competent authority’ means any authority or body empowered by a Member State or a third country specifically to issue or receive training diplomas and other documents or information, to receive applications, and take the decisions referred to in this Directive; (j) ‘professional experience’ means the actual and lawful full-time or equivalent part- time pursuit of the profession concerned in a Member State or a third country; (k) ‘adaptation period’ means an adaptation period as defined in Article 3(1), point (g), of Directive 2005/36/EC; (l) ‘aptitude test’ means a test tailored to the applicant as defined in Article 3(1), point (h), of Directive 2005/36/EC; (m) ‘test of professional competence’ means a standardised test, designed for a specific profession in order to evaluate an applicant’s knowledge and skills that are essential to pursue that profession in the host Member State; (n) ‘bridging course’ means a targeted course designed for a defined target group of already qualified professionals to address specific typical gaps in professional knowledge, skills and competences and enable them to practise the regulated profession in the host Member State; (o) ‘quality assurance agency’ means an independent body carrying out external quality assurance in higher education or in vocational education and training (VET); (p) ‘European Quality Assurance Register for Higher Education (EQAR)’ means the register of quality assurance agencies that have demonstrated substantial compliance EN 22 EN  with the Standards and Guidelines for Quality Assurance in the European Higher Education Area, in the applicable version at the relevant time; (q) ‘digital credential’ means a credential issued in electronic form which provides information on qualifications, qualification levels, skills or learning outcomes, and which can be used to demonstrate that information in a reliable and verifiable manner. Title II Recognition to access a regulated profession Chapter 1 General provisions Article 4 Effects of recognition 1. The recognition of professional qualifications by the host Member State shall allow beneficiaries to gain access in that Member State to the same profession as the one for which they are qualified in the third country or in the other Member State where they obtained their qualifications under the same conditions as the nationals of the host Member State, provided the beneficiaries meet all necessary legal requirements for employment and residency. 2. For the purposes of this Directive, the profession which the applicant wishes to pursue in the host Member State shall be considered the same as the one for which they are qualified in a third country or in another Member State if the activities covered are comparable. 3. By way of derogation from paragraph 1 of this Article, partial access to a profession in the host Member State shall be granted under the conditions laid down in Article 5. Article 5 Partial access 1. The competent authority of the host Member State shall grant partial access, on a case-by-case basis, to a professional activity in its territory only when all the following conditions are fulfilled: (a) the professional is fully qualified to exercise in a third country or another Member State the professional activity for which partial access is sought in the host Member State; (b) differences between the professional activity legally exercised in the third country or in the other Member State and the regulated profession in the host Member State as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and training required in the host Member State to have access to the full regulated profession in the host Member State; (c) the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State. EN 23 EN  For the purpose of the first subparagraph, point (c), the competent authority of the host Member State shall take into account whether the professional activity can be pursued autonomously in the third country or in the other Member State. 2. Partial access may be rejected if such rejection is justified by overriding reasons of general interest, suitable for securing the attainment of the objective pursued, and does not go beyond what is necessary to attain that objective. 3. Applications for the purposes of establishment in a Member State shall be examined in accordance with Chapter 2 of this Title and with Title IV. 4. By way of derogation from Article 19, the professional activity shall be exercised under the professional title of the third country or of the other Member State once partial access has been granted. The host Member State may require use of that professional title in the languages of the host Member State. Professionals benefiting from partial access shall clearly indicate to the service recipients the scope of their professional activities. 5. This Article shall not apply to professionals benefiting from automatic recognition of their professional qualifications under Chapter 3 of this Title, and in cases where Chapter II, III or IIIa of Title III of Directive 2005/36/EC have been applied to third- country nationals in accordance with Article 6 of this Directive. Article 6 Evidence of professional qualifications obtained in the Union Where third-country nationals hold an attestation of competence, evidence of formal qualifications, or professional experience obtained in the Union, and such qualifications or experience would allow a Union citizen to access or pursue a regulated profession in the host Member State pursuant to Title III of Directive 2005/36/EC, the provisions of that Directive shall apply to those third-country nationals accordingly when they seek recognition to access and pursue that profession in the host Member State. Chapter 2 General system for the recognition of evidence of training issued in third countries Article 7 Scope This Chapter applies to situations which are not covered by Article 6, or by Chapter 3 of this Title or where the applicant does not satisfy the conditions laid down in Chapter 3 of this Title. Article 8 Conditions for recognition 1. If access to or pursuit of a regulated profession in a host Member State is contingent upon possession of specific professional qualifications, the competent authority of that Member State shall permit applicants to access and pursue that profession, under the same conditions as apply to its nationals, if they possess an attestation of competence or evidence of formal qualifications, issued by a competent authority in EN 24 EN  a third country, and required by a third country in order to gain access to and pursue that profession on that country’s territory. 2. Access to, and pursuit of, a profession as referred to in paragraph 1 shall also be granted to applicants who have pursued the profession concerned on a full-time basis for one year or for an equivalent overall duration on a part-time basis during the previous 10 years in a third country which does not regulate that profession, and who possess one or more attestations of competence or evidence of formal qualifications issued by that third country which does not regulate the profession. Attestations of competence and evidence of formal qualifications shall satisfy both of the following conditions: (a) they are issued by a competent authority in a third country; (b) they attest that the holder has been prepared for the pursuit of the profession concerned. 3. By way of derogation from paragraphs 1 and 2 of this Article, the competent authority of the host Member State may refuse access to, and pursuit of, the regulated profession to applicants who only possess an attestation of competence, where access to or pursuit of that regulated profession in the host Member State requires a diploma certifying successful completion of a post-secondary course of at least four years, or for an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level. 4. When the applicant duly documents that, despite reasonable efforts, they were unable to obtain the attestation of competence referred to in paragraphs 1, 2 and 3, the host Member State shall assess the feasibility of, and where appropriate, employ alternative methods to assess qualifications, skills or other evidentiary elements. Those methods may include affidavits, third-party assessments, professional interviews or reputable evaluation frameworks like qualifications passports, designed for refugees and vulnerable migrants. The host Member State shall ensure that applicants are not unduly disadvantaged due to those circumstances and shall base its decisions on available and reasonable evidence. Article 9 Compensation measures 1. Article 8 shall not preclude the host Member State from imposing on the applicant a compensation measure among those listed in paragraph 2 of this Article in one of the following cases: (a) the training that the applicant has received covers substantially different matters from those covered by the evidence of formal qualifications required in the host Member State; (b) the regulated profession in the host Member State comprises one or more regulated professional activities which do not exist in the corresponding profession in the third country where the applicant obtained the attestation of competence or evidence of formal qualifications, and the training required in the host Member State covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications; EN 25 EN  (c) the Member State has justified doubts as to the quality of the education, training or qualification system under which the evidence of formal qualifications has been awarded. For the purpose of this Article, ‘substantially different matters’ means matters in respect of which knowledge and skills acquired are essential for pursuing the profession and with regard to which the training received by the applicant shows significant differences in terms of content from the training required by the host Member State. In case a Member State decides to impose compensation measures on the basis of justified doubts according to point (c), it shall notify the Commission of the country and profession concerned and the nature of the doubts. 2. If the host Member State makes use of the option provided for in paragraph 1, it shall indicate to the applicant which of the following compensation measures they are required to complete: (a) an adaptation period, not exceeding three years, where the applicant undergoes supervised practice and, if necessary, additional training; (b) an aptitude test; (c) a test of professional competence; (d) a bridging course, with a duration of up to one year. 3. Paragraphs 1 and 2 shall be applied with due regard to the principle of proportionality. In particular, if the host Member State intends to require the applicant to complete a compensation measure, it shall first ascertain whether the knowledge, skills and competences acquired by the applicant in the course of the applicant’s professional experience or through lifelong learning, and formally validated to that end by a relevant body, in any Member State or in a third country, is of such nature as to cover, in full or in part, the substantially different matters. 4. The decision imposing a compensation measure shall be duly justified. In particular, the applicant shall be provided with the reasons for the compensation measure, information on the substantial differences, and, where relevant, why those differences cannot be compensated by knowledge, skills and competences acquired in the course of prior experience or other qualifications through lifelong learning formally validated to that end by a relevant body. 5. Member States shall ensure that an applicant who fails the aptitude test or test of professional competence referred to in paragraph 2, points (b) and (c), or one or more tests forming part of a bridging course or adaptation period, referred to in paragraph 2, points (a) and (d), is given the opportunity to retake the respective tests. Member States shall ensure that feedback detailing assessment results and areas for improvement is provided to applicants, and ensure that applicants are entitled to at least two further attempts to pass each test that they have failed. 6. Member States shall ensure that an applicant has the possibility of taking the aptitude test or the test of professional competence referred to in paragraph 2, points (b) and (c), not later than six months after the initial decision imposing an aptitude test or test of professional competence on the applicant. Member States shall also ensure that an applicant has the possibility to start a bridging course referred to in paragraph 2, point (d), no later than six months after the initial decision imposing the completion of a bridging course on the applicant. EN 26 EN  Article 10 Minimum training requirements for certain professions Where Articles 24, 25, 28, 31, 34, 35, 38, 40 and 44 of Directive 2005/36/EC set out minimum conditions on the training for certain professions, under this Chapter any recognition of evidence of formal qualifications in one of those professions shall be contingent upon fulfilment of those minimum conditions. Chapter 3 Recognition on the basis of reviewed training programmes in accordance with minimum training conditions Article 11 Principle of automatic recognition based on reviewed training programmes in third countries 1. Each Member State shall recognise evidence of formal qualifications giving access to the professional activities of doctor with basic training or specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as midwife, as veterinary surgeon, as pharmacist, and as architect, obtained in a third country, and shall for the purposes of access to and pursuit of those professional activities, give such evidence the same effect on its territory as the evidence of formal qualifications which it itself issues, provided that all of the following conditions are met: (a) the evidence of formal qualifications has been obtained following successful completion of a training programme which has been reviewed in accordance with Articles 13 and 14 by a trusted review body within the meaning of Article 12; (b) the trusted review body has publicly disclosed the result of the review process and a review report; (c) the evidence of formal qualifications is issued as a digital credential. 2. Each Member State shall, for the purpose of access to and pursuit of a regulated profession that is covered by a common training framework pursuant to Article 49a of Directive 2005/36/EC, and where that Member State is not exempted from the obligation of introducing a common training framework in accordance with Article 49a(5) of Directive 2005/36/EC, give evidence of formal qualifications acquired in third countries the same effect in its territory as the evidence of formal qualifications which it itself issues, provided that all of the following conditions are met: (a) the evidence of formal qualifications has been obtained following successful completion of a training programme which has been reviewed in accordance with Articles 13 and 14 by a trusted review body as referred to in Article 12; (b) the trusted review body has publicly disclosed the result of the review process and a review report; (c) the evidence of formal qualifications is issued as a digital credential. EN 27 EN  Article 12 Trusted review bodies 1. A quality assurance agency established in the Union may apply to the Commission to be listed as a trusted review body for higher education programmes if it fulfils all of the following criteria: (a) it is registered in the European Quality Assurance Register for Higher Education (EQAR) without interruption for a period of at least 10 years; (b) it has documented prior experience in conducting external quality assurance reviews, as a quality assurance agency, in at least three different third countries. 2. A quality assurance agency established in the Union may apply to the Commission to be listed as a trusted review body for vocational education and training (VET) programmes if it fulfils all of the following criteria: (a) it is competent, under national law, in the Member State in which it is established, for the quality assurance of VET programmes; (b) it has documented prior experience in conducting external quality assurance reviews, as a quality assurance agency, in at least three different third countries. 3. The Commission is empowered to adopt a delegated act supplementing this Directive by listing the trusted review bodies in accordance with Article 36. It shall list all quality assurance agencies that applied to be listed in accordance with paragraphs 1 and 2, and that comply with the requirements set out in those paragraphs. 4. Only trusted review bodies listed in the delegated act referred to in paragraph 3 shall be considered trusted review bodies for the purposes of this Directive, and only in relation to the professions indicated therein. Article 13 Reviewed training programmes For the purposes of Article 11, only training programmes that have been reviewed in accordance with Article 14 and found to fulfil the following criteria shall be considered as reviewed training programmes: (a) The training programme is compliant with the Standards and Guidelines for Quality Assurance in the European Higher Education Area (ESG), in the version applicable at the relevant time, in case the training programme is delivered through a higher education institution; (b) Quality assurance measures comprising independent assessment, a competence- based assessment methodology, transparent outcomes, periodic external review, and an appeal or complaint mechanism have been implemented for the delivery of the programme, in case the training programme is delivered through vocational training; (c) The institution delivering the programme is lawfully established in the third country concerned and authorised under the law of that country to award the qualification in question; EN 28 EN  (d) For the professions listed in Article 11(1), the training programme is compliant with the minimum conditions on the training applicable to the relevant profession as set out in Articles 24, 25, 28, 31, 34, 35, 38, 40, 44, and 46 of Directive 2005/36/EC; (e) In the cases of Article 11(2), the training programme is compliant with the applicable common training framework. Article 14 Review of training programmes in third countries For the purposes of Article 11, Member States shall ensure that the review of training programmes is carried out as follows: (a) Upon request by a training institution in higher education or in vocational training outside the Union, a trusted review body pursuant to Article 12 assesses compliance with the criteria set out in Article 13. (b) To this end, the trusted review body forms a review team which carries out the assessment of the training programme. For that purpose, the review team shall consist of: (i) between five and nine reviewers selected by the trusted review body. Those reviewers shall include subject matter experts of the relevant discipline or disciplines, and specialists in quality assurance and evaluation methodologies; and (ii) up to three reviewers that Member States appoint for the review following an invitation to all Member States by the trusted review body. For that purpose, each Member State shall appoint only one reviewer. Where more than three Member States intend to appoint a reviewer, a randomised process shall apply for the selection of the three reviewers. Each of the reviewers selected pursuant to points (i) and (ii) shall declare, prior to participating in the review, the absence of any conflict of interest in relation to the institution under review, including any consultancy, advisory or other remunerated relationship with that institution within the preceding three years. A reviewer unable to make that declaration shall not participate in the review of the institution concerned. (c) The trusted review body organises at least one on-site visit of the review team as an integral part of the assessment of the training programme. (d) The trusted review body communicates its decision on the outcome of the assessment to the institution organising the reviewed training programme and to the Commission. (e) Following a positive assessment of a training programme, the trusted review body grants the status of ‘reviewed’ on the basis that the applicable requirements laid down in Article 13 are satisfied. The status of ‘reviewed’ shall be valid for a period of five years or until the transposition deadline of any Commission delegated act, adopted pursuant to Article 21(6), second subparagraph of Directive 2005/36/EC, which updates the knowledge and skills referred to in Articles 24(3), 31(6), 34(3), 38(3), 40(3), 44(3), or 46(4) of Directive 2005/36/EC. (f) After each assessment the trusted review body makes the result of the review process publicly available in a dedicated, clearly identifiable and easily accessible section of EN 29 EN  its website or other publicly accessible online interface, no matter if the outcome of the review was positive or negative. (g) If requested by the training institution with a reviewed programme, the trusted review body carries out a new review following the submission of a renewal application at least six months before the expiration of the current status of ‘reviewed’. The training institution shall present detailed reports demonstrating continuous compliance with the training standards since the last review, alongside documentation outlining enhancements in training methodologies, assessment processes, and quality assurance practices. The trusted review body shall review the renewal application and communicate its decision to the institution organising the reviewed training programme and to the Commission within three months of application submission. The review team under point (b)(i) shall not be the same as the review team for the institution's immediately preceding review. (h) Any fee or charge levied by the trusted review body for the review shall be transparent and proportionate to the costs of the service provided, and shall be commensurate with the complexity, scope and duration of the review carried out by the trusted review body. This shall not preclude the trusted review body from including in its fees a reasonable margin over its costs, provided that such margin does not render the fee disproportionate to the service provided. Article 15 Right to appeal or contest review decisions 1. Training institutions whose training programmes received a negative result following the review in accordance with Article 14 shall be allowed to appeal that result under the national law of the Member State where the trusted review body is established. Member States shall establish procedures ensuring that such appeals are resolved fairly and promptly. 2. If a Member State has justified doubts on the review carried out pursuant to Article 14, that Member State may communicate its concerns in writing to the Commission. Within 15 working days after receipt of that communication, the Commission shall provide its views and invite the other Member States to express their views. In case at least 5 Member States express support for this concern to the Commission within two months following that invitation, the Commission shall inform all Member States in writing that they shall only consider the given training programme as reviewed once a second review has been carried out pursuant to Article 14. 3. If following the second review pursuant to paragraph 2 the training programme is granted the status of ‘reviewed’, the validity period referred to in Article 14, point (e) shall start from the date of that result. 4. If the result of the second review is negative, the programme shall not be considered as a reviewed training programme in the meaning of Article 13 and cannot benefit from recognition pursuant to Article 11. Article 16 Listed third countries 1. For qualifications obtained in a third country listed in the delegated acts referred to in paragraph 2 of this Article, Member States shall ensure that trusted review bodies EN 30 EN  automatically consider the criteria laid down in Article 13, points (a) and (b) as being fulfilled. 2. The Commission is empowered to adopt delegated acts in accordance with Article 36 to supplement this Directive by establishing and amending a list of third countries for which the learning quality assurance systems provide guarantees as regards all of the following elements: (a) public oversight or equivalent supervision of qualifications; (b) quality assurance or accreditation of the relevant institutions or training programmes; (c) authenticity, reliability and verifiability of the qualifications issued; (d) comparability and consistency of the intended learning outcomes or qualification standards relevant to the application of this Directive; (e) administrative cooperation with the competent authorities of the Member States and the Commission. 3. The Commission shall monitor whether the third countries listed in the delegated acts referred to in paragraph 2 continue to fulfil the conditions laid down in paragraph 2, points (a) to (e). Where the Commission has well-founded concerns that the conditions for the inclusion of a third country in the list are no longer fulfilled, it may adopt a decision suspending the application of paragraph 1 in respect of that third country. The Commission shall inform the third country concerned and the Member States of the suspension and the reasons without delay. 4. The suspension referred to in paragraph 3 of this Article shall apply until the Commission, following its assessment, either lifts it or adopts a delegated act in accordance with Article 36 removing the third country concerned. Chapter 4 Rules for pursuing the profession Article 17 Knowledge of languages 1. Professionals benefiting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in the host Member State. 2. A Member State shall ensure that any controls carried out by, or under the supervision of, the competent authority for controlling compliance with the obligation under paragraph 1 shall be limited to the knowledge of one official language of the host Member State, or one administrative language of the host Member State provided that it is also an official language of the Union. 3. Controls carried out in accordance with paragraph 2 may be imposed if the profession to be practised has patient safety implications. Controls may be imposed in respect of other professions in cases where there is a serious and concrete doubt about the sufficiency of the professional’s language knowledge in respect of the professional activities that that professional intends to pursue. Controls may be carried out only after the recognition of a professional qualification. EN 31 EN  4. Any language controls shall be proportionate to the activity to be pursued. The professional concerned shall be allowed to appeal such controls under national law. Article 18 Use of academic titles Without prejudice to Article 19, the host Member State shall ensure that the right shall be conferred on the persons concerned to use academic titles awarded to them in another Member State or in a third country, and possibly an abbreviated form thereof, in the language of that other Member State or that third country. The host Member State may require that title to be followed by the name and address of the establishment or examining board which awarded it. Where an academic title of another Member State or of a third country is liable to be confused in the host Member State with a title which, in the latter Member State, requires supplementary training not acquired by the beneficiary, the host Member State may require the beneficiary to use the academic title of the Member State or third country where it has been issued in an appropriate form, to be laid down by the host Member State. Article 19 Use of professional titles 1. If, in a host Member State, the use of a professional title relating to one of the activities of the profession in question is regulated, third-country nationals who are authorised to practise a regulated profession on the basis of this title shall use the professional title of the host Member State, which corresponds to that profession in that Member State, and make use of any associated initials. 2. Where a profession is regulated in the host Member State by an association or organisation within the meaning of Article 3(2) of Directive 2005/36/EC, third- country nationals shall not be authorised to use the professional title issued by that organisation or association, or its abbreviated form, unless they furnish proof that they are members of that association or organisation. If the association or organisation makes membership contingent upon certain qualifications, it may do so only under the conditions laid down in this Directive, in respect of third-country nationals who possess professional qualifications. Article 20 Approval by health insurance funds Member States which require persons who acquired their professional qualifications in their territory to complete a preparatory period of in-service training and/or a period of professional experience in order to be approved by a health insurance fund, shall waive this obligation for the holders of evidence of professional qualifications of doctor and dental practitioner acquired in other Member States or in other third countries. EN 32 EN  Title III Recognition in the context of a procedure to obtain a long-stay visa or a residence permit Article 21 Scope This Title applies where the recognition by the host Member State of a qualification or skills obtained in another Member State or in a third country, and held by a third-country national, constitutes a factor determining the outcome of a procedure to obtain a long-stay visa or a residence permit for work purposes, including within a points-based immigration system. Article 22 Right to assessment of qualifications and skills in the context of a procedure to obtain a long-stay visa or a residence permit 1. Member States shall ensure that, where the recognition or assessment of qualifications or skills constitutes a factor determining the outcome of a procedure to obtain a long-stay visa or a residence permit for work purposes, applicants have the right to have assessed and taken into account the following for the purposes of that procedure: (a) their formal qualifications obtained in another Member State or in a third country; (b) their skills acquired through professional or other experience. 2. Where relevant to that procedure, that assessment may take into account information provided by a current or prospective employer of the applicant, in particular concerning the tasks, responsibilities and skills required for the position offered. 3. Member States shall ensure that qualifications and skills referred to in paragraph 1 are not refused solely on the ground that they were obtained in another Member State or in a third country. 4. Member States shall ensure that the recognition and assessment procedure is fair, does not impose unnecessary burdens on applicants, and is designed to facilitate the efficient processing of applications for a long-stay visa or a residence permit. 5. Member States shall ensure that the recognition or assessment results are presented to the applicant in a reasoned decision. That decision shall determine whether the qualifications or skills of the third-country national are: (a) recognised and thus treated as equivalent to the qualification level or other qualification requirements applicable in the context of the procedure to obtain a long-stay visa or a residence permit; (b) recognised provisionally, contingent upon the applicant completing compensation measures in accordance with Article 25(3); (c) not recognised. Article 23 Procedural requirements EN 33 EN  1. Member States shall ensure that any recognition or assessment referred to in Article 22 is carried out within the procedure to obtain a long-stay visa or a residence permit and in accordance with the principles of necessity, proportionality and simplification. 2. Where the procedure to obtain a long-stay visa or a residence permit does not require recognition or assessment of qualifications that would give access to a regulated profession in its territory, the host Member State shall assess qualifications or skills within the procedure to obtain a long-stay visa or a residence permit and shall not require a separate recognition or assessment procedure outside that procedure. In particular, that Member State shall: (a) not duplicate previous assessments or the requirement to submit evidence that is already available to, or capable of being obtained by, the competent authorities of that Member State; (b) integrate any request for information or supporting evidence to carry out the recognition or assessment in the application to obtain a long-stay visa or a residence permit, and not require a separate application for recognition of qualifications; (c) limit documentary requirements to those that are necessary for the assessment and reasonably available to the applicant or, with the applicant’s consent, to a current or prospective employer submitting evidence on the applicant’s behalf; (d) not charge any separate or additional fees for the assessment or recognition of qualifications or skills, other than fees that may be charged for the procedure to obtain a long-stay visa or a residence permit; (e) ensure that the assessment or recognition of qualifications or skills is carried out within the time limits of the procedure to obtain a long-stay visa or a residence permit and does not cause delay in the processing of the relevant long-stay visa or residence permit application. Article 24 Recognition of qualification levels 1. Where, for the purposes of recognition in the context of a procedure to obtain a long- stay visa or a residence permit, Member States establish the level of a qualification, they shall apply the levels and descriptors of the European Qualifications Framework (EQF) as set out in [Annex III of Regulation xxxx/xx/EU establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724 ('Skills Portability Act')]. For that purpose, Member States shall take into account any relevant existing comparison of qualification levels or frameworks of third countries to the EQF. 2. The level of the qualification shall not constitute the only element of the assessment but shall be considered together with the qualification’s intended learning outcomes, duration, content, workload, practical training, professional experience and, where relevant, the scope of professional activities to which it gives access in another Member State or the third country in which it was awarded. Article 25 Recognition of qualifications without access to regulated professions EN 34 EN  1. Where Member States evaluate qualifications for the purpose of recognition in the context of a procedure to obtain a long-stay visa or a residence permit, and where that evaluation goes beyond a comparison of qualification levels as provided for in Article 24 and a general classification of the field of study, they shall ensure that a learning outcomes approach is applied, focusing primarily on comparing the applicant’s acquired skills to the relevant reference qualification. Where possible, the assessment shall also consider experiences gained through non-formal learning and skills acquired through professional or other experience. Where provided, and with the applicant’s consent, information from a current or prospective employer relevant to the skills required for the position offered may also be taken into account. 2. Member States shall recognise a qualification in the context of a procedure to obtain a long-stay visa or a residence permit if all of the following conditions are met: (a) there are no substantial differences in qualification level; (b) there are no substantial differences in the intended learning outcomes; (c) there are no justified doubts on the quality of the education, training or qualification system under which the evidence of formal qualifications has been awarded in a third country. 3. If substantial differences in intended learning outcomes or levels of qualification are established, or if the Member State has justified doubts on the quality of the education, training or qualification system under which the evidence of formal qualifications has been awarded in a third country, provisional recognition shall be granted, contingent upon the applicant completing suitable compensation measures within a clearly defined timeframe laid down by the host Member State. For the purpose of the procedure to obtain a long-stay visa or a residence permit, the provisionally recognised qualification shall be treated as finally recognised. The host Member State shall, at the time provisional recognition is granted, inform the applicant in writing of the compensation measures required, the timeframe within which they shall be completed, and the consequences of failing to complete them within that timeframe. The successful completion of the compensation measures shall only be required if the applicant is subsequently granted a long-stay visa or a residence permit. 4. The compensation measures shall be designed to address identified gaps and shall be selected from one of the following: (a) an aptitude test; (b) a test of professional competence; (c) a bridging course, with a duration of up to one year. 5. By way of derogation from paragraph 3, if substantial differences in the learning outcomes or the level of qualification cannot be adequately remedied through compensation measures, Member States may refuse recognition of qualifications for the purpose of the procedure to obtain a long-stay visa or a residence permit. A decision to refuse recognition of qualifications shall not automatically result in the rejection of the application for a long-stay visa or a residence permit. 6. For the purposes of paragraphs 2, 3 and 4: (a) 'substantial difference in intended learning outcomes' means instances where the essential knowledge and skills, necessary for practising a given profession, EN 35 EN  are not among the intended learning outcomes of the third-country national’s training, resulting in significant differences in terms of the essential knowledge and skills obtained compared with those required by the host Member State; (b) ‘substantial difference in qualification levels’ means instances where the qualification level of a third-country national is assessed to be two or more levels below the level of the training required by the host Member State, as determined by the descriptors of the EQF. Article 26 Integrated procedure with the recognition of professional qualifications 1. Member States shall offer applicants seeking recognition of qualifications in the context of a procedure to obtain a long-stay visa or a residence permit, who also wish to access a regulated profession, the possibility of choosing an integrated recognition procedure. That procedure shall satisfy the requirements laid down in this Title and in Title II. Upon successful completion of the integrated recognition procedure, the applicant shall receive a recognition of qualifications for the purposes of the procedure to obtain a long-stay visa or a residence permit as referred to in Article 22(5), point (a), and for the access to the regulated profession, as provided for in Article 4. 2. For applicants not opting for an integrated recognition procedure, Member States shall ensure that recognition procedures in the context of the procedure to obtain a long-stay visa or a residence permit, and recognition procedures for access to regulated professions are coherent. Authorities shall take into account all prior assessments and verifications of the provided evidence that have already been carried out in previous procedures and shall not require applicants to resubmit documents that have already been provided in those procedures. 3. Member States shall ensure that information on both integrated and separate recognition procedures is readily available to applicants to support informed decision-making. 4. With the applicant’s consent, Member States may inform a current or prospective employer of the outcome of the recognition or assessment referred to in paragraph 1, in particular where that outcome is relevant to a procedure for employment-based admission. Title IV Common provisions Article 27 Documentation and formalities 1. Where the competent authorities of the host Member State decide on the recognition of a qualification by virtue of Title II or Article 26, those authorities may require solely the types of documents and certificates listed in Annex VII of Directive 2005/36/EC. Where the competent authorities of the host Member State decide on the recognition of a qualification by virtue of Articles 24 and 25 as part of a procedure to obtain a long-stay visa or a residence permit, for the purpose of the EN 36 EN  recognition of the qualification those authorities may demand solely the types of documents listed in Annex VII of Directive 2005/36/EC, point 1(b). This limitation on the documents that can be required for the purpose of recognising a qualification is without prejudice to any other document requirements applicable under Union or national law for the part of the examination of the application for a long-stay visa or a residence permit that is unrelated to the recognition of the qualification. 2. For the purposes of this Directive, where the documents requested are to be provided by another Member State or a third country, the references to “home Member State” or “the Member State from which the foreign national comes” in Annex VII of Directive 2005/36/EC shall be understood as referring to the other Member State or the third country, as applicable. 3. Where the host Member State imposes requirements as to the date of issue of the documents referred to in Annex VII of Directive 2005/36/EC, point 1(d), (e) and (f), it shall accept documents issued within the three months preceding the date on which they are submitted. The Member States, bodies and other legal persons involved in the process shall guarantee the confidentiality of the information which they receive. 4. In cases of justified doubts, the host Member State may, after obtaining agreement from the applicant, require from the competent authorities of a Member State or a third country confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State or the third country. 5. Where a digital credential is issued under a trusted framework provided in Regulation (EC) No 910/2014 it shall be presumed authentic unless the competent authority has concrete and specific indications that the credential is not authentic. 6. In cases of justified doubt, where evidence of formal qualifications, as defined in Article 3(e), has been issued by a competent authority in a Member State and includes training received in whole or in part in an establishment legally established in the territory of another Member State, the host Member State shall be entitled to verify with the competent body in the Member State of origin of the award all of the following: (a) whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the Member State of origin of the award; (b) whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the Member State of origin of the award; (c) whether the evidence of formal qualifications confers the same professional rights in the territory of the Member State of origin of the award. 7. In cases of justified doubts, the host Member State may require from the competent authorities of a third country or of a Member State confirmation of the fact that the applicant is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of their professional activities. 8. Where the applicant duly documents that, despite reasonable efforts, he was unable to obtain the documents referred to in paragraph 1, or the host Member State cannot obtain the confirmations referred to in paragraph 4 or paragraph 7 of this Article, EN 37 EN  from the third country, the host Member State shall assess the feasibility of, and where appropriate, employ alternative methods to assess qualifications, skills or other evidentiary elements. Those methods may include affidavits, third-party assessments, professional interviews, or reputable evaluation frameworks, like qualifications passports designed for refugees and vulnerable migrants. The host Member State shall ensure that applicants are not unduly disadvantaged due to those circumstances and shall base its decisions on available and reasonable evidence. 9. Where a host Member State requires its nationals to swear a solemn oath or make a sworn statement in order to gain access to a regulated profession, and where the wording of that oath or statement cannot be used by a third-country national, the host Member State shall ensure that the person concerned can use an appropriate equivalent wording. 10. Member States shall accept the documents referred to in paragraph 1 in any of the official languages of the Union. Article 28 Support Services for the Assessment of Authenticity 1. The Commission shall provide support services for the assessment of authenticity. 2. In providing these services, the Commission shall support Member States in the recognition of qualifications obtained in a third country by offering assessments on the authenticity of submitted evidence of formal qualifications. 3. At the request of a competent authority of a Member State, the Commission shall assess the authenticity of qualifications, diplomas, certificates or other evidence of formal qualifications issued in a third country and submitted in the context of an application falling within the scope of this Directive, in particular by utilising digital tools, international databases and through cooperation with third countries and educational and professional bodies. Requests shall be submitted electronically and be accompanied by the documents necessary for the assessment and proof of payment of any applicable fee referred to in paragraphs 7 and 8. 4. The Commission shall provide the requesting Member State with a substantiated assessment of authenticity, including detailed explanations of the evaluation process and findings. That assessment shall be advisory in nature and shall not be binding on competent authorities of the Member States who shall remain solely responsible for the recognition decision. 5. For the purposes of paragraph 3, the Commission is empowered to conclude administrative arrangements, aimed at facilitating the exchange of information necessary for the assessment of authenticity, with the competent authorities of third countries and with international or professional bodies responsible for the issuance or accreditation of qualifications. The Commission shall cooperate, where relevant, with Union delegations to third countries and EU agencies. Such arrangements shall not create binding obligations under international law on the Union. 6. The Commission shall respond to a request submitted pursuant to paragraph 3 within three weeks of receipt of the complete documentation referred to in that paragraph. Where the Commission is unable to provide an assessment within that period, in particular due to the need to obtain information from a third-country authority or body referred to in paragraph 3, it shall inform the requesting competent authority EN 38 EN  without delay, indicating the reasons for the delay and the anticipated timeframe for completion. 7. The Commission may charge a cost-recovery fee to the requesting competent authority for the provision of the assessment referred to in paragraph 3. 8. The Commission shall, by means of implementing acts, adopt uniform rules regarding: (a) the calculation methodology for determining cost recovery; (b) the applicable fee amounts and payment modalities; (c) specific cases where fee exemptions or reductions apply, in particular for beneficiaries of international protection or applicants in demonstrably vulnerable situations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 38. 9. In relation to personal data processed for the provision of support services for the assessment of authenticity, the Commission shall act as controller within the meaning of Article 3(8) of Regulation (EU) 2018/1725 and shall ensure, in accordance with Article 33 of that Regulation, the security of the processing by implementing appropriate technical and organisational measures, taking into account the nature of the personal data processed, including where submitted documents may incidentally contain special categories of personal data, referred to in paragraph 10. 10. For the purpose of carrying out the tasks referred to in paragraph 3, the Commission may process the following categories of personal data, to the extent strictly necessary for a given assessment: (a) the applicant's identification data as contained in the evidence of formal qualifications submitted; (b) data relating to the submitted qualifications, diplomas, certificates or other evidence of formal qualifications issued in a third country, including the awarding institution, date of issue, field and level of study, and any identifiers or security features of the document. The Commission shall not process special categories of personal data within the meaning of Article 10 of Regulation (EU) 2018/1725. Where documentation submitted by a competent authority incidentally contains such data, the Commission shall ensure that those data are not retained and are deleted without delay. 11. Personal data processed for the purpose of assessing authenticity shall be retained only for as long as necessary for that purpose and, in any event, for no longer than 12 months from the date on which the assessment is provided to the requesting competent authority, unless a longer period is necessary for the purposes of an ongoing appeal, audit or investigation, in which case the data shall be erased without delay thereafter. 12. The Commission shall periodically report on the support services for the assessment of authenticity to ensure transparency and continued improvement. Member States are encouraged to provide feedback to facilitate enhancements in service delivery. 13. The Commission is empowered to adopt delegated acts in accordance with Article 36 laying down the organisational and technical measures necessary for the provision of EN 39 EN  the support services, and for the security of processing of personal data, including as regards the systems used for the exchange of requests and supporting documents between the Commission and the competent authorities of the Member States, access to such systems, the interfaces made available to competent authorities of the Member States, the data sources to be consulted and arrangements for keeping them up to date, and the administrative and operational management of these services. Article 29 Recognition procedure 1. For procedures under Title II and under Article 26, the host Member State shall ensure that: (a) the competent authority acknowledges receipt of the application for recognition of professional qualifications within one month of receipt and informs the applicant of any missing document; (b) the procedure for examining an application for the recognition of professional qualifications is completed as quickly as possible and leads to a duly substantiated decision by the competent authority in the host Member State within three months after the date on which the applicant submitted the complete application with the required evidence. The deadline provided for in the first subparagraph, point (b), may be extended by one month except in cases falling under Title II, Chapter 3. 2. For procedures under Title III, except those covered by Article 26, recognition shall not extend, suspend or otherwise affect, any time limits or procedural deadlines applicable under Union or national law to the examination of and decision on the application for a long-stay visa or a residence permit. Member States shall ensure that the organisation of the recognition procedure does not undermine the effective processing of the application for a long-stay visa or a residence permit within the applicable time limits. 3. The decision on the application for recognition of professional qualifications, or failure to reach a decision, within the deadline, shall be subject to appeal under national law. 4. Applicants shall receive regular updates regarding the progress and current status of their application, including information on the specific stage within the procedural process. 5. The host Member State shall offer applicants the choice to receive communications, such as acknowledgments of receipt, decisions and any other information related to the procedure, in an official language of that Member State, or in at least one other language commonly spoken by incoming third-country nationals or third-country nationals already legally residing in that Member State. Article 30 Access to recognition procedures 1. The host Member State shall ensure that recognition procedures can be completed remotely and by electronic means, and that third-country nationals who are not residing in that Member State can access and complete recognition under Titles II EN 40 EN  and III remotely from their country of residence. Such a possibility shall not prevent the competent authorities of the host Member State from requesting certified copies at a later stage in the event of justified doubts and where strictly necessary. 2. The host Member State shall grant or extend the validity of residence permits to third-country nationals who fulfil all of the following conditions: (a) they are legally residing in the host Member State; (b) they can demonstrate an ongoing effort to secure employment in the profession concerned, such as registration with a public employment service, submission of job applications, or a conditional offer of employment; (c) they have applied for recognition of their professional qualifications under Title II or Article 26 at least four months before their long-stay visa or residence permit expires. Member States shall ensure that the residence permit remains valid during the recognition procedure, including where procedural delays occur that are not attributable to the applicant. 3. Member States shall grant or extend the validity of residence permits for the period needed for completing compensation measures required pursuant to Article 9 to third-country nationals legally residing in the Member State, unless it can be established at the time of the application for recognition of their professional qualifications that the third-country national does not satisfy the other conditions for the issuance of such a permit. Article 31 Fees and charges 1. A host Member State shall either waive fees for recognition procedures and compensation measures or, except for the cases referred to in Article 23(2), point (d), ensure that any fees charged do not exceed the actual cost incurred in providing the service to applicants. 2. By way of derogation from paragraph 1, Member States may impose flat-rate charges if they can be justified by the average cost of providing the service to applicants. 3. Member States shall ensure that detailed information on the structure of the fee and justification for any charges imposed as part of the recognition process is publicly available and easily accessible and shall actively inform applicants of this information before the recognition process begins. Article 32 Information provision 1. Member States shall ensure that third-country nationals, irrespective of whether they reside within or outside their territory, have access to timely, comprehensive and user-friendly information and support concerning procedures for the recognition of qualifications under this Directive. 2. The information referred to in paragraph 1 shall cover the following aspects: (a) applicable legal and administrative requirements; EN 41 EN  (b) procedural steps, expected timelines and applicable costs; (c) the rights and obligations of applicants; (d) available remedies, appeal mechanisms and complaint procedures. 3. Member States shall ensure that the information they provide in accordance with paragraph 2 clearly distinguishes and explains the different procedures laid down in Titles II and III. 4. Where applicable, Member States shall provide comprehensive information on compensation measures, including adaptation periods, aptitude tests, tests of professional competence and bridging courses, as referred to in Articles 9 and 25, covering their organisation, conditions, obligations for applicants, and other relevant practical arrangements. 5. Where applicable, Member States shall provide comprehensive information on any complementary measures available to third-country nationals, including language courses and integration support, reskilling or upskilling pathways, and links to employment services. 6. Member States shall ensure that refugees, beneficiaries of subsidiary protection in accordance with Regulation (EU) 2024/1347 have access to tailored information, assistance and support services, considering their specific legal status, needs and vulnerabilities. 7. To facilitate a coherent and user-friendly experience, Member States shall, where appropriate, organise information provision through coordinated or streamlined arrangements, including digital platforms, and activities of the national assistance centres as laid down in Article 34. 8. Member States shall ensure that the information referred to in this Article is also made available on existing Union tools and platforms. 9. Member States shall ensure that the information provided pursuant to this Article is regularly reviewed and kept up to date. They shall put in place mechanisms to collect and analyse feedback from third-country nationals, with a view to improving the quality, clarity, accessibility and coherence of the information and of the support services. 10. Member States and the competent authorities involved shall ensure the confidentiality of personal and sensitive information obtained in the context of information provision and assistance, in accordance with applicable Union and national law. Title V Reporting and final provisions Article 33 Group on the recognition of qualifications of third-country nationals 1. Member States shall assist one another in the implementation of this Directive. 2. A group on the recognition of qualifications of third-country nationals (‘the Group’) is established as an advisory group to the Commission. 3. The Group's tasks shall be the following: EN 42 EN  (a) promoting uniform application of this Directive; (b) contributing to the effective cooperation between Member States’ authorities and the Commission with regards to matters covered by this Directive; (c) advising the Commission, as appropriate, in the early preparations of draft implementing acts to be adopted pursuant to this Directive; (d) contributing to the smooth cooperation with other relevant expert groups; (e) facilitating the exchange of experience and best practices for an efficient and effective organisation of recognition of qualifications of third-country nationals, including through outreach to professionals, their representative organisations and social partners, quality assurance agencies and qualifications recognition networks. 4. Each Member State shall appoint one representative and one alternate representative to the Group. 5. The Group shall be chaired by the Commission. The Commission shall provide the Group’s Secretariat. On a proposal by the Commission, the Group shall adopt its rules of procedure. 6. The Group shall meet at regular intervals that allow the Group to effectively perform its tasks provided for in this Directive. Article 34 Assistance centres The assistance centres designated by Member States pursuant to Article 57b of Directive 2005/36/EC shall provide assistance on the recognition of qualifications relating to third- country nationals provided for in this Directive, for the benefit of third-country nationals including through cooperation, where appropriate, with employers, other contact points, and authorities in other Member States and third countries. The assistance centres shall operate without prejudice to the responsibilities of other competent authorities under Union or national law. Article 35 Alert mechanism Where a third-country national is restricted or prohibited, including on a temporary basis, by a national authority or court from pursuing, in whole or in part, on the territory of a Member State, any of the professional activities referred to in Article 56a(1) of Directive 2005/36/EC, the competent authority of that Member State shall inform the competent authorities of all other Member States. For this purpose Article 56a of Directive 2005/36/EC shall apply mutatis mutandis. Article 36 Exercise of the delegation EN 43 EN  1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 12(3) and Article 16(2) shall be conferred on the Commission for a period of five years from the entry into force of this Directive. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 12(3) and Article 16(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 12(3) and Article 16(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. Article 37 Statistics 1. By [31 May of the year following the third year of entry into force], and annually thereafter, Member States shall report to the Commission statistics on the implementation of this Directive. Those statistics shall cover the previous calendar year and include the following information: (a) the number of applications received and handled, and decisions taken, disaggregated by: (i) citizenship; (ii) occupation; (iii) status (i.e. the residence or migration status under which the third- country national is present or seeking to be present in the Union); (iv) type of procedure (procedures under Article 6; Title II, Chapter 2; Title II, Chapter 3; Article 24, Article 25 and Article 26); (v) outcome of the decision (positive, positive with partial access; positive with compensation measure, broken down by type of compensation measure; negative); EN 44 EN  (b) the proportion of applications that are complete at first submission; (c) the average duration of processing applications; (d) the average number of information exchanges per case; (e) the number of authenticity checks requested. 2. The Commission shall make a summary of the information provided in accordance with paragraph 1 publicly available. Article 38 Committee procedure 1. The Commission shall be assisted by the Committee on the Recognition of Professional Qualifications established by Article 58(1) of Directive 2005/36/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Article 39 Reports 1. By 31 May [of the year following the third year of entry into force], and every five years thereafter, Member States shall submit a report to the Commission on the application of this Directive. The report shall contain the following information regarding the recognition of qualifications in the context of procedures for access to regulated professions and for obtaining a long-stay visa or residence permit: (a) processing times of applications; (b) outcomes; (c) user experience; (d) results of the review of the procedures, including constraints and areas requiring improvement identified. As part of preparing the report, Member States shall collect feedback from employers, professional bodies, third-country nationals, and other stakeholders. 2. No sooner than seven years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament and the Council. Member States shall provide the Commission with the information necessary for the preparation of that report. Article 40 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [2 years after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions. EN 45 EN  When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 41 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 42 Addressees This Directive is addressed to the Member States in accordance with the Treaties. Done at Strasbourg, For the European Parliament For the Council The President The President [...] [...] EN 46 EN  LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT 1. FRAMEWORK OF THE PROPOSAL/INITIATIVE 1.1. Title of the proposal/initiative Proposal for a Directive of the European Parliament and of the Council on the recognition of qualifications of third-country nationals 1.2. Policy area(s) concerned Employment, social affairs and inclusion. The initiative is also relevant to the internal market policy area (recognition of professional qualifications) and to the migration and home affairs policy area (legal migration and integration of third- country nationals), given its interaction with Directive 2005/36/EC and with the Union's legal migration acquis. 1.3. Objective(s) 1.3.1. General objective(s) To facilitate the recognition of qualifications held by third-country nationals so as to help address labour and skills shortages in the Union. 1.3.2. Specific objective(s) Specific objective No 1. Streamlined recognition systems within and between Member States: Improved alignment and consistency between national recognition systems across the EU, and coherence within Member States, between recognition procedures for access to regulated professions and those embedded in migration regimes. 2. Reduced legal and administrative complexity for recognition of qualifications of third-country nationals: Clearer and less burdensome requirements, documentation and procedural steps for third-country national applicants, employers and authorities, including, reduced administrative steps and enhanced user-friendliness. 3. Increased trust and understanding of qualifications obtained in third countries: Improved transparency, comparability and trust of third-country qualifications within the EU, through enhanced information availability and mechanisms that support the assessment of foreign qualifications and skills. 1.3.3. Expected result(s) and impact Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. For third-country national applicants: shorter and more predictable recognition procedures, clearer information on requirements, and a genuine prospect of recognition for qualifications obtained outside the Union, with an associated increase in the probability of employment matched to their qualification level and a reduction in the incidence of overqualification. For employers, including SMEs: faster access to recognised professionals, reduced administrative costs linked to hiring, and improved ability to fill vacancies in sectors facing structural shortages, including healthcare. For competent authorities and Member States: reduced administrative burden and duplication of effort, more consistent decision-making, and stronger evidence and cooperation channels through which to identify and act on fraudulent documentation. For the Union as a whole: a measurable contribution to addressing EN 47 EN  labour and skills shortages and to the coherence of the Union's approach to legal migration. 1.3.4. Indicators of performance Specify the indicators for monitoring progress and achievements. General objective (a) Share of third-country nationals in qualification-matched employment within 12 months of arrival (b) Number of recognition procedures initiated and completed per year by third- country nationals Specific objective 1 (a) Share of cases requiring parallel submissions (duplicate qualification checks across recognition and migration procedures) (b) Number of cases requiring re-submission or additional information, as a share of total applications (c) Share of recognition applications submitted digitally Specific objective 2 (a) Average end-to-end processing time per recognition procedure, by Member States and procedure type (b) Average number of documents requested per application, including certified translations (c) Estimated applicant-side cost per recognition procedure Share of complete applications at first submission Specific objective 3 (a) Number of authenticity checks processed via the EU-level service per year (b) Share of CA reporting sufficient information on third-country qualification systems to make timely decisions without requesting additional documentation or compensation measures (c)Processing time for sectoral professions under automatic recognition channel 1.4. The proposal/initiative relates to: ☑ a new action ☐ a new action following a pilot project/preparatory action (1) ☐ the extension of an existing action ☐ a merger or redirection of one or more actions towards another/a new action 1.5. Grounds for the proposal/initiative 1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative (1) As referred to in Article 58(2), point (a) or (b) of the Financial Regulation. EN 48 EN  In the short term, Member States will need to transpose the Directive's common procedural rules (timeframes, information requirements, single points of contact) within the transposition deadline of 2 years. The Commission will need to establish the authentication service and make it operational and adopt any implementing measures needed to specify the professions eligible for automatic recognition. In the longer term, full-scale operation of the automatic recognition channel and of the authentication service will require ongoing coordination with Member States, competent authorities and third countries, periodic review of the list of professions covered, and monitoring of implementation. 1.5.2. Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone. Reasons for action at EU level (ex-ante) Recognition of third-country qualifications is currently handled through divergent national procedures, with no common Union framework equivalent to Directive 2005/36/EC for intra-EU mobility. This fragmentation generates duplicated authenticity checks across Member States, inconsistent outcomes for applicants with comparable qualifications, and an absence of the trust infrastructure needed to support automatic recognition for professions facing acute shortages. Individual Member States acting alone cannot replicate the economies of scale of a shared authenticity-verification service, nor secure the cross- border consistency needed to build mutual trust between competent authorities. Expected generated EU added value (ex-post) A common Union framework is expected to reduce duplication and verification costs across Member States, increase the consistency and speed of recognition decisions, and strengthen the Union's collective ability to address labour and skills shortages, in a manner that no individual Member State could achieve acting alone. 1.5.3. Lessons learned from similar experiences in the past The experience of Directive 2005/36/EC demonstrates that a common Union framework for recognition, combined with structured administrative cooperation (competent authority networks, the Internal Market Information system), can substantially reduce recognition timeframes and improve consistency, while showing that purely voluntary cooperation (as tested under Policy Option 1 in the impact assessment) is insufficient to achieve comparable results at Union level. The Directive's existing minimum training requirements for a number of professions offer a further lesson, showing that agreement on common substantive standards, and not only procedural rules, can itself be a basis for building trust and cooperation between competent authorities, a precedent relevant to the design of the automatic recognition channel under this initiative. The Council Recommendation of 22 December 2020 on a comprehensive approach to the recognition of qualifications of third-country nationals offers a related lesson, in that its non-binding, voluntary approach has not resulted in the level of convergence or consistency needed across Member States, reinforcing the case for the more binding measures proposed under this initiative. The German Federal Recognition Act experience shows that formalised recognition procedures for foreign qualifications are associated with a measurable increase in the probability of qualification-matched employment. EN 49 EN  1.5.4. Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments This proposal is compatible with the Commission’s proposal for the Multiannual Financial Framework 2028-2034. It generates synergies with Action 1 of the Skills Portability Initiative, with Directive 2005/36/EC as amended under Action 2, and with instruments under the Fair Labour Mobility Package and the EU Talent Pool. 1.5.5. Assessment of the different available financing options, including scope for redeployment The preferred financing option is direct financing from the Union budget, as the initiative requires the development, deployment and operation of a common European authentication system that will be used across all Member States. A centrally financed solution ensures economies of scale, avoids duplication of costs, and guarantees interoperability and consistent implementation across the Union. Alternative approaches based on separate national developments or decentralised financing would require multiple parallel investments, increase integration costs and create risks of fragmentation and inconsistent implementation. Financing through existing Union programmes and budgetary resources allows the initiative to build on existing digital infrastructure and expertise while ensuring efficient use of Union funds. Where appropriate, existing resources will be redeployed to support the implementation of the initiative. The current proposal entails additional staff costs under Heading 4 of the proposal for the 2028-2034 multiannual financial framework, as it is a new action. For operational costs, it builds on the Commission proposal for National and Regional Partnership Plans and its EU Facility under Heading 1 of the 2028-2034 multiannual financial framework, subject to its adoption, and the EU annual budgetary procedure. 1.6. Duration of the proposal/initiative and of its financial impact ☐ limited duration ☐ in effect from [DD.MM]YYYY to [DD.MM]YYYY ☐ financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations. ☑ unlimited duration Implementation with a start-up period from YYYY to YYYY, followed by full-scale operation. 1.7. Method(s) of budget implementation planned(2) ☐ Direct management by the Commission ☑ by its departments, including by its staff in the Union delegations; ☐ by the executive agencies ☐ Shared management with the Member States (2) Details of budget implementation methods and references to the Financial Regulation may be found on the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget- implementation/Pages/implementation-methods.aspx. EN 50 EN  ☐ Indirect management by entrusting budget implementation tasks to: ☐ third countries or the bodies they have designated; ☐ international organisations and their agencies (to be specified); ☐ the European Investment Bank and the European Investment Fund; ☐ bodies referred to in Articles 70 and 71 of the Financial Regulation; ☐ public law bodies; ☐ bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees; ☐ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees; ☐ bodies or persons entrusted with the implementation of specific actions in the common foreign and security policy pursuant to Title V of the Treaty on European Union, and identified in the relevant basic act ☐ bodies established in a Member State, governed by the private law of a Member State or Union law and eligible to be entrusted, in accordance with sector-specific rules, with the implementation of Union funds or budgetary guarantees, to the extent that such bodies are controlled by public law bodies or by bodies governed by private law with a public service mission, and are provided with adequate financial guarantees in the form of joint and several liability by the controlling bodies or equivalent financial guarantees and which may be, for each action, limited to the maximum amount of the Union support. Comments [...] 2. MANAGEMENT MEASURES 2.1. Monitoring and reporting rules The Commission will monitor implementation on a continuous basis through the indicators set out in section 1.3.4, drawing on administrative data reported by Member States' competent authorities, authentication service caseload and processing-time data, and periodic surveys of competent authorities. Member States will report on transposition and on the functioning of national recognition procedures in accordance with the reporting obligations set out in the Directive. The Commission will carry out an evaluation in accordance with the Better Regulation Guidelines within 7 years of the deadline for transposition, assessing effectiveness, efficiency, coherence, relevance and EU added value against the general and specific objectives. 2.2. Management and control system(s) 2.2.1. Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed Direct management, as per article 62.1(a) of the Financial Regulation, is the preferred mode of implementation, as the actions will be carried out by the European EN 51 EN  Commission, specifically Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL), which will ensure the coordination with Member States and the various stakeholders. 2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them The controls are part of the internal control system of DG EMPL. The new activities will be subject to the same risk identification and mitigation approach. 2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure) The controls are integrated into the internal control system of DG EMPL. The new activities will generate negligeable additional control costs at DG level. 2.3. Measures to prevent fraud and irregularities The Commission shall ensure that, when actions financed are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties. The Commission is authorised to carry out checks and verifications in situ under this Decision, in compliance Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities financial interests against fraud and other irregularities. If need be, investigations shall be carried out by the European Anti- Fraud Office and shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office. EN 52 EN  3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected Existing budget lines In order of multiannual financial framework headings and budget lines. The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative. Type of Budget line expendit Contribution ure from Heading of multiannual candidat from financial framework from e other Diff./No EFTA countries other assigned Number third n-diff. (3) countries and revenue (4) countrie potential s candidat es (5) To be determined after the adoption of the MFF and Diff./No 1 YES/NO YES/NO YES/NO NO in the context of the n-diff. annual budgetary (3) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. (4) EFTA: European Free Trade Association. (5) Candidate countries and, where applicable, potential candidates from the Western Balkans. EN 53 EN  procedure for the EU Facility – Successor of 07 02 04 00 – ESF+ EaSI strand New budget lines requested In order of multiannual financial framework headings and budget lines. Type of Budget expenditur Contribution line Heading e of multiannu from al candidate from from other other financial Diff./non- countries Number EFTA third assigned framework diff. and countries countries revenue potential candidates 3.2. Estimated financial impact of the proposal on appropriations 3.2.1. Summary of estimated impact on operational appropriations ☐ The proposal/initiative does not require the use of operational appropriations EN 54 EN  ☑ The proposal/initiative requires the use of operational appropriations, as explained below: 3.2.1.1. Appropriations from voted budget The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative EUR million (to three decimal places) 1 - Economic, social and territorial cohesion, Heading of multiannual financial framework Number agriculture, rural and maritime prosperity and security 2034 Yea and Year Year Year Year Year 2 TOTAL MFF DG: EMPL r 2 subsequ 2028 2029 2030 2031 033 2028-2034 032 ent years Operational appropriations Commit (1a) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ments Budget line – successor 07 02 04 Payment (2a) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. s Appropriations of an administrative nature financed from the envelope of specific programmes (6) Budget line (3) n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. (6) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former 'BA' lines), indirect research, direct research. EN 55 EN  Commit =1a+1 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ments b+3 TOTAL appropriations for DG EMPL Payment =2a+2 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. s b+3 2034 Yea and Year Year Year Year Year TOTAL MFF Heading 1 r 203 subsequ 2028 2029 2030 2031 2033 2028-2034 2 ent years Commit (4) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ments TOTAL operational appropriations Payment (5) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. s TOTAL appropriations of an administrative nature financed from (6) 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 the envelope for specific programmes Commit TOTAL appropriations =4+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ments under HEADING 1 of the multiannual financial Payment framework =5+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. s Heading of multiannual financial Number framework Year Year Year Year TOTAL MFF DG: <.......> 2024 2025 2026 2027 2021-2027 EN 56 EN  Operational appropriations Commitments (1a) 0.000 Budget line Payments (2a) 0.000 Commitments (1b) 0.000 Budget line Payments (2b) 0.000 Appropriations of an administrative nature financed from the envelope of specific programmes (7) Budget line (3) 0.000 Commitments =1a+1b +3 0.000 0.000 0.000 0.000 0.000 TOTAL appropriations for DG <.......> Payments =2a+2b+3 0.000 0.000 0.000 0.000 0.000 Year Year Year Year TOTAL MFF DG: <.......> 2024 2025 2026 2027 2021-2027 Operational appropriations Commitments (1a) 0.000 Budget line Payments (2a) 0.000 Commitments (1b) 0.000 Budget line Payments (2b) 0.000 (7) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former 'BA' lines), indirect research, direct research. EN 57 EN  Appropriations of an administrative nature financed from the envelope of specific programmes (8) Budget line (3) 0.000 Commitments =1a+1b +3 0.000 0.000 0.000 0.000 0.000 TOTAL appropriations for DG <.......> Payments =2a+2b+3 0.000 0.000 0.000 0.000 0.000 2034 Yea and Year Year Year Year Year 2 TOTAL MFF Heading 1 r 2 subsequ 2028 2029 2030 2031 033 2021-2027 032 ent years Commit (4) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ments TOTAL operational appropriations Payment (5) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. s TOTAL appropriations of an administrative nature financed from (6) 0 0 0 0 0 0 0 0 the envelope for specific programmes Commit TOTAL appropriations =4+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ments under HEADING 1 of the multiannual financial Payment framework =5+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. s (8) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former 'BA' lines), indirect research, direct research. EN 58 EN  2034 Year and Year Year Year Year Year TOTAL MFF 203 subsequ 2028 2029 2031 2032 2033 2021-2027 0 ent years Com mitme (4) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. TOTAL operational nts appropriations (all operational headings) Paym (5) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ents TOTAL appropriations of an administrative nature financed from the envelope for specific (6) n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. programmes (all operational headings) Com TOTAL appropriations mitme =4+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. Under Heading 1 to 3 nts of the multiannual financial framework Paym (Reference amount) =5+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ents Heading of multiannual financial framework 4 ‘Administrative expenditure’ (9) Year Year Year Year Year Year 2034 TOTAL MFF DG: EMPL 2028 2029 203 2031 2032 2033 and 2021-2027 (9) The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage. EN 59 EN  0 subsequ ent years 0.58 Human resources 0.582 0.582 0.582 0.582 0.582 0.582 4.074 2 Other administrative expenditure 0 0 0 0 0 0 0 0 0.58 TOTAL DG EMPL Appropriations 0.582 0.582 0.582 0.582 0.582 0.582 4.074 2 (Total TOTAL appropriations under HEADING commitme 0.582 0.582 0.582 0.582 4.074 4 of the multiannual financial framework nts = Total payments) EUR million (to three decimal places) 2034 and subs Year Year Year Year Year Year TOTAL MFF eque 2028 2029 2030 2031 2032 2033 2021-2027 nt year s TOTAL appropriations under Commitments p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. HEADINGS 1 to 4 of the multiannual financial Payments p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. framework EN 60 EN  The staff needed to implement this proposal has been assessed at 3 full time equivalent (FTE), of which 1 are redeployed from existing staff in the DG and 2 are to be covered by the redeployment pool of the Commission. 3.2.2. Estimated output funded from operational appropriations (not to be completed for decentralised agencies) Commitment appropriations in EUR million (to three decimal places) Indi Year Year Year Year Enter as many years as necessary to show TOTAL cate 2028 2029 2030 2031 the duration of the impact (see Section 1.6) obje ctive OUTPUTS s and Aver outp Type age No Cost No Cost No Cost No Cost No Cost No Cost No Cost Total Total uts (10) cost No Cost ⇓ SPECIFIC OBJECTIVE No 1 (11) : [...] Outp p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ut Outp ut Outp ut (10) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). (11) As described in point 1.4.2. 'Specific objective(s)...' EN 61 EN  Subtotal for specific p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. objective No 1 SPECIFIC OBJECTIVE No 2 ... Outp ut Subtotal for specific objective No 2 SPECIFIC OBJECTIVE No. 3 Outp p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. ut Subtotal for specific objective No. 3 TOTALS p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. 3.2.3. Summary of estimated impact on administrative appropriations ☐ The proposal/initiative does not require the use of appropriations of an administrative nature ☑ The proposal/initiative requires the use of appropriations of an administrative nature, as explained below: 3.2.3.1. Appropriations from voted budget Year Year Year Year Year Year 2034 and TOTAL MFF VOTED APPROPRIATIONS 2028 2029 2030 2031 2032 2033 subsequent 2021-2027 EN 62 EN  years HEADING 4 0.5 0.5 0.5 Human resources 0.582 0.582 0.582 0.582 4.074 82 82 82 0.0 0.0 0.0 Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 00 00 00 0.5 0.5 0.5 Subtotal HEADING 4 0.582 0.582 0.582 0.582 4.074 82 82 82 Outside HEADING 4 0.0 0.0 0.0 Human resources 0.000 0.000 0.000 0.000 0.000 00 00 00 Other expenditure of an administrative 0.0 0.0 0.0 0.000 0.000 0.000 0.000 0.000 nature 00 00 00 0.0 0.0 0.0 Subtotal outside HEADING 4 0.000 0.000 0.000 0.000 0.000 00 00 00 0.5 0.5 TOTAL 0.582 0.582 0.582 0.582 4.074 0.582 82 82 The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure and the steering mechanism. All appropriations and staffing allocations as of 2028 are indicative. EN 63 EN  3.2.3.3. Total appropriations The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure and the steering mechanism. All appropriations and staffing allocations as of 2028 are indicative. The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together, if necessary, with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints. 3.2.4. Estimated requirements of human resources ☐ The proposal/initiative does not require the use of human resources ☑ The proposal/initiative requires the use of human resources, as explained below 3.2.4.1. Financed from voted budget Estimate to be expressed in full-time equivalent units (FTEs) (12) Year Year Year Year Year 2034 and VOTED APPROPRIATIONS Year 2033 2028 2029 2030 2031 203 subsequent years 2 Establishment plan posts (officials and temporary staff) 20 01 02 01 (Headquarters and Commission's 3 3 3 3 3 3 3 Representation Offices) (12) Please specify below the table how many FTEs within the number indicated are already assigned to the management of the action and/or can be redeployed within your DG and what are your net needs. EN 64 EN  20 01 02 03 (EU Delegations) 0 0 0 0 0 0 0 01 01 01 01 (Indirect research) 0 0 0 0 0 0 0 01 01 01 11 (Direct research) 0 0 0 0 0 0 0 Other budget lines (specify) 0 0 0 0 0 0 0 External staff (in FTEs) 20 02 01 (AC, END from the 'global envelope') 0 0 0 0 0 0 0 20 02 03 (AC, AL, END and JPD in the EU 0 0 0 0 0 0 0 Delegations) Admin. at Headquarters 0 0 0 0 0 0 0 support line [XX.01.YY.Y in EU Delegations 0 0 0 0 0 0 0 Y] 01 01 01 02 (AC, END - Indirect research) 0 0 0 0 0 0 0 01 01 01 12 (AC, END - Direct research) 0 0 0 0 0 0 0 Other budget lines (specify) - Heading 7 0 0 0 0 0 0 0 Other budget lines (specify) - Outside Heading 7 0 0 0 0 0 0 0 TOTAL 3 3 3 3 3 3 3 This proposal is a new action and no current staff is assigned to this new task. The three FTE mentioned above are additional staff needed to implement the proposal, to be covered by the redeployment pool of the Commission. 3.2.4.2. Financed from external assigned revenues EN 65 EN  3.2.4.3. Total requirements of human resources The staff required to implement the proposal (in FTEs): To be covered by current staff available in the Exceptional additional staff* Commission services To be financed To be financed To be financed under Heading from BA line from fees 7 or Research Establishment 3 0 N/A N/A plan posts External staff (CA, SNEs, 0 0 N/A N/A INT) The staff needed to implement this proposal has been assessed at 3 full time equivalent (FTE), of which 1 are redeployed from existing staff in the DG and 2 are to be covered by the redeployment pool of the Commission. Description of tasks to be carried out by: Outsource the authentication services to an external entity by public procurement, writing the specifications for the tendering procedure; Officials and temporary staff monitor the work of the selected entity; ensure the functioning of the authentication services. External staff 3.2.5. Overview of estimated impact on digital technology-related investments EN 66 EN  Compulsory: the best estimate of the digital technology-related investments entailed by the proposal/initiative should be included in the table below. Exceptionally, when required for the implementation of the proposal/initiative, the appropriations under Heading 7 should be presented in the designated line. The appropriations under Headings 1-6 should be reflected as "Policy IT expenditure on operational programmes". This expenditure refers to the operational budget to be used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation of the initiative and their associated investments (e.g. licences, studies, data storage etc). The information provided in this table should be consistent with details presented under Section 4 "Digital dimensions". TOTAL TOTAL Digital and IT Year Year Year Year MFF appropriations 2024 2025 2026 2027 2021-2027 HEADING 4 IT expenditure (corporate) 0.000 0.000 0.000 0.000 0.000 Subtotal HEADING 4 0.000 0.000 0.000 0.000 0.000 Outside HEADING 4 Policy IT expenditure on 0.000 0.000 0.000 0.000 0.000 operational programmes Subtotal outside HEADING 0.000 0.000 0.000 0.000 0.000 4 TOTAL 0.000 0.000 0.000 0.000 0.000 EN 67 EN  3.2.6. Compatibility with the current multiannual financial framework The proposal/initiative: ☑ can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF). ☐ requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation. ☐ requires a revision of the MFF. EN 68 EN  3.2.7. Third-party contributions The proposal/initiative: ☑ does not provide for co-financing by third parties ☐ provides for the co-financing by third parties estimated below: Appropriations in EUR million (to three decimal places) Year Year Year Year Year Year Year Total 2028 2029 2030 2031 2032 2033 2034 Specify the co-financing body (EFTA, (potential) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. candidate countries, third countries) TOTAL appropriations co- p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. financed 3.3. Estimated impact on revenue ☑ The proposal/initiative has no financial impact on revenue. ☐ The proposal/initiative has the following financial impact: ☐ on own resources ☐ on other revenue ☐ please indicate, if the revenue is assigned to expenditure lines EUR million (to three decimal places) EN 69 EN  Impact of the proposal/initiative (13) Appropriations Budget revenue line: available for the Year Year Year Year current financial year 2024 2025 2026 2027 Article .......... For assigned revenue, specify the budget expenditure line(s) affected. [...] Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information). [...] 4. DIGITAL DIMENSIONS 4.1. Requirements of digital relevance If the policy initiative is assessed as having no requirement of digital relevance: Justification of why digital means cannot be used to enhance policy implementation and why the ‘digital by default’ principle is not applicable [...] Otherwise: High-level description of the requirements of digital relevance and related categories (data, process digitalisation & automation, digital solutions and/or digital public services) Actors affected or Reference to the Requirement concerned by the High-level Processes Categories requirement description requirement (13) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20% for collection costs. EN 70 EN  Paragraph 1c: Member States shall recognise evidence of formal qualifications for doctors (with basic and specialised training), nurses responsible for general care, dental practitioners, specialised dental practitioners, midwives, veterinary Member States Third Issuance of Article 11 Data/ Digital solutions surgeons, pharmacists, countries’ institutions qualifications and architects obtained in a third country, provided the following conditions are met: (c) The evidence of formal qualifications is issued as a digital credential, ensuring authenticity, security, and ease of verification. The Commission shall provide support services European Commission for the assessment of Data/Digital provides the system for authenticity. Processing, assessment Solutions/Digitalisation- Member States upload Article 28 (1-3) providing evidence provided by and recognition of automation of 1. In evidence authenticity activities/Digital Public these services, the the applicant in the Services Commission shall shall system support Member States in the recognition of EN 71 EN  qualifications obtained in a third country by offering assessments on the authenticity of submitted evidence of formal qualifications. 2. At the request of a competent authority of a Member State, the Commission shall assess the authenticity of qualifications, diplomas, certificates or other evidence of formal qualifications issued in a third country and submitted in the context of an application falling within the scope of this Directive, in particular by utilising digital tools, international databases and through cooperation with third countries and educational and professional bodies. Requests shall be submitted electronically and be accompanied by the documents necessary for the assessment and proof of payment of any EN 72 EN  applicable fee referred to in paragraph 8. 3. The Commission shall provide the requesting Member State with a substantiated assessment of authenticity, including detailed explanations of the evaluation process and findings. That assessment shall be advisory in nature and shall not be binding on competent authorities of the Member States who shall remain solely responsible for the recognition decision. The processing of personal data by the Commission for the purposes of the support services for assessment Processing of personal Article 28 (8-11) of authenticity shall European Commission Data/ Digital solutions data comply with Regulation (EU) 2018/1725 and be limited to what is necessary and proportionate for the EN 73 EN  performance of a task carried out in the public interest as laid down in Article 5(1)(a) of Regulation (EU) 2018/1725. The Commission shall ensure that personal data is processed lawfully, securely, and with the necessary safeguards to protect individuals’ privacy rights, including data minimisation, transparency, and access rights for data subjects. The Commission shall periodically report on the activities and effectiveness of support services to ensure transparency and continual improvement. Member States are encouraged to provide feedback to facilitate enhancements in service delivery. Access to recognition Member States Data/Digital public Article 30 procedures Member Applicants professionals Recognition procedure services/Digital States shall ensure that (users) Solutions/Digitalisation- all requirements, EN 74 EN  procedures and automation of activities formalities in recognition procedures may be easily completed, remotely and by electronic means. This shall not prevent competent authorities of Member States from requesting certified copies at a later stage in the event of justified doubts and where strictly necessary. Statistics Member States shall communicate to the Commission statistics on the implementation of this Directive. Those statistics shall cover the previous calendar year Data/Digital Article 36 and include information European Commission Statistics on the Solutions/Digitalisation- on the number of Member States recognition processes automation of activities applications received and handled and decisions taken, and shall be disaggregated by citizenship, by occupation, status (beneficiaries of international protection, EN 75 EN  beneficiaries of the right to free movement, etc), type of procedure (Article 6; Title II, Chapter 2; Title II, Chapter 3; Article 23; Article 24 or Article 25), and outcome of the decision (positive, positive with partial access; positive with compensation measure, broken down by type of compensation measure; negative). They shall also include the share of complete applications at first submission, average processing times, average information exchanges per case, and number of authenticity checks requested. Reports Member States shall send a report to the European Commission on the application of this European Commission Reporting Data/Digital public on the Article 38 Directive. To this end, Member States services/Digital recognition processes Member States shall Solutions collect data on processing times, outcomes, and user EN 76 EN  experience across both procedures for access to regulated professions and for migration purposes, and include this information in the report. They shall also review the procedures to report on identified bottlenecks and opportunities for improvement. Member States shall collect feedback from employers, professional bodies, third-country nationals, and other stakeholders as part of this exercise. 4.2. Data High-level description of the data in scope Standard and/or specification (if Type of data Reference to the requirement(s) applicable) Article 11 – Formal qualifications issued as digital credentials by Third country Digital qualification attestations institutions/Article 28 – Support services N/A for assessment of authenticity, provided by the Commission Non-digital evidence of formal Article 28 – Support Services for Documents listed in Annex VII of EN 77 EN  qualification and other supporting Assessment of Authenticity Directive 2005/36/EC; accepted in any evidence official language of the Union Personal information used for the support Article 28 – Processing of personal data EUDPR (Reg. (EU) 2018/1725); data services for assessment of authenticity, by the Commission to provide support minimisation, transparency and data- provided by the Commission services for assessment of authenticity subject access rights (Art. 28) Annual statistical summary of recognition procedures (includes number of applications received and decisions, Article 36 breakdowns, outcomes, processing times and delays) Report on the application of the Directive. Member States shall send a report to the European Commission with data regarding the processing times, outcomes, procedures on the recognition processes. Moreover, this report should also include Article 38 the identification of bottlenecks and opportunities for improvement. The European Commission shall submit a report to the European Parliament and the Council on the application of the Directive. Alignment with the European Data Strategy Explanation of how the requirement(s) are aligned with the European Data Strategy [...] Alignment with the once-only principle Explanation of how the once-only principle has been considered and how the possibility to reuse existing data has been explored EN 78 EN  [...] Explanation of how newly created data is findable, accessible, interoperable and reusable, and meets high-quality standards [...] Data flows High-level description of the data flows Reference(s) to the Actors who Actors who receive Trigger for the Frequency (if Type of data requirement(s) provide the data the data data exchange applicable) Type of data #1 Type of data # 2 4.3. Digital solutions High-level description of digital solutions Reference(s) to How is How is Use of AI Main mandated Responsible Digital solution the accessibility reusability technologies (if functionalities body requirement(s) catered for? considered? applicable) Digital solution #1 Digital solution #2 EN 79 EN  For each digital solution, explanation of how the digital solution complies with applicable digital policies and legislative enactments Digital solution #1 Digital and/or sectorial policy Explanation on how it aligns (when these are applicable) AI Act EU Cybersecurity framework eIDAS Single Digital Gateway and IMI Others Digital solution #2 Digital and/or sectorial policy Explanation on how it aligns (when these are applicable) AI Act EU Cybersecurity framework EN 80 EN  eIDAS Single Digital Gateway and IMI Others 4.4. Interoperability assessment High-level description of the digital public service(s) affected by the requirements Digital public service Interoperable Europe Reference(s) to the Other interoperability or category of digital Description Solution(s)(NOT requirement(s) solution(s) public services APPLICABLE) The support services will be tasked with supporting Member States in the recognition of qualifications obtained outside the Union by offering assessments on the Support services for authenticity of assessment of submitted evidence of Article 28 (1-3) authenticity formal qualifications. Requests to the service shall be submitted electronically. The service might use digital tools and international databases to perform its tasks. EN 81 EN  As mentioned in Article 28(12), delegated acts will be prepared by the Commission to set out the organisational and technical measures required for the operation of the service. The interoperability assessment of the service will be carried out in the context of these delegated acts. Impact of the requirement(s) as per digital public service on cross-border interoperability Digital public service #1 Potential remaining barriers (if Assessment Measure(s) applicable) Alignment with existing digital and Digital or sectorial policy #1 Digital or sectorial policies. Please list the sectorial policy #2 Digital or sectorial Barrier #1 Barrier #2 Barrier #3 applicable digital and sectorial policies policy #3 identified Organisational measures for a smooth cross-border digital public services Governance measure #1 Governance Barrier #1 Barrier #2 Barrier #3 delivery. Please list the governance measure #2 Governance measure #3 measures foreseen EN 82 EN  Measures taken to ensure a shared understanding of the data. Please list Measure #1 Measure #2 Measure #3 Barrier #1 Barrier #2 Barrier #3 such measures Use of commonly agreed open technical specifications and standards. Please list Measure #1 Measure #2 Measure #3 Barrier #1 Barrier #2 Barrier #3 such measures 4.5. Measures to support digital implementation High-level description of measures supporting digital implementation Reference(s) to the Description of the requirement(s) of Commission role (if Actors to be involved Expected timeline (if measure digital relevance that it applicable) (if applicable) applicable) supports Measure #1 Measure #2 Measure #3 EN 83 EN EUROPEAN COMMISSION Strasbourg, 15.9.2026 COM(2026) 992 final 2026/0274 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on portability of qualifications and skills and amending Regulation (EU) 2018/1724 ("Skills Portabilty Act") {SEC(2026) 992 final} - {SWD(2026) 992 final} - {SWD(2026) 993 final} - {SWD(2026) 994 final} (Text with EEA relevance) EN EN  EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL • Reasons for and objectives of the proposal The free movement of workers is one of the fundamental freedoms enshrined in the Treaties, underpinning the ability of Union citizens to pursue professional and economic activities across the Union. The Charter of Fundamental Rights of the European Union recognises the right to engage in work and to pursue a freely chosen or accepted occupation, as well as the freedom of Union citizens to seek employment, work, exercise the right of establishment and provide services in any Member State. The freedom of movement is further supported by the European Pillar of Social Rights, proclaimed in 2017, whose first chapter on equal opportunities and access to the labour market emphasises the importance of skills and employability. However, as the report by Enrico Letta highlighted, free movement of people has been and remains the least developed of the four freedoms of the Single Market. One of the reasons is the limited portability of qualifications and skills. Removing these barriers can facilitate mobility in all directions, including for people who wish to return to their home regions and put the qualifications, skills and experience acquired elsewhere to use there. This broader perspective on mobility also reflects the Commission’s political commitment to the Right to Stay: ensuring that people have genuine opportunities to build their future in the places they call home, while preserving their freedom to move and return. Imperfect information on the level and content of qualifications and skills obtained in other Member States is a key driver of these limitations: the signalling value of such qualifications is generally perceived as lower compared to national qualifications owing to the lack of common data and technical standards and varying level of information available to describe them. Another barrier to portability is the continued reliance on paper-based attestations of qualifications. As technology advances, the risk of fraud increasingly undermines trust in qualification attestations, especially non-national ones. As Member States are progressively digitalising their qualifications, a coordinated approach with regard to digitalisation and the use of digital wallets is required to ensure interoperability and reduce barriers for workers to transmit and/or for employers to receive and read a digital qualification. The Enrico Letta and Mario Draghi reports on the future of the Single Market and Europe’s competitiveness stress the urgency of accelerating this digital transformation and removing barriers that impede the Single Market’s dynamism. Indeed, the limited portability of qualifications and skills leads to missed opportunities for workers, businesses and the economy as a whole, as valuable skills remain under-used and undervalued. Over‑qualification and under‑utilisation of skills are especially pronounced among mobile EU workers and third‑country nationals. This is particularly damaging in a context of widespread skilled labour shortages. Strategic sectors – ranging from healthcare and ICT to construction, energy, transport and tourism – struggle to find the talent they need to master the green and digital transitions, and these shortages are most acutely felt by SMEs. Moreover, persistent skills shortages at regional and local levels are being further aggravated by the out-migration of young people from already sparsely populated or depopulating areas. Conversely, return mobility can benefit regions of origin when people bring back qualifications, professional experience and knowledge acquired elsewhere in the Union. Making such mobility easier can therefore also contribute to territorial cohesion and help regions benefit more fully from the opportunities offered by the Single Market. EN 1 EN  The European Commission committed to putting forward a Skills Portability Initiative to “ensure a skill acquired in one country is recognised in another”, in line with its political guidelines and Communication of March 2025 on a Union of Skills. The European Council Conclusions of 19 March 2026 have called for faster action, urging for measures to “enhance free movement of workers by improving mutual recognition of professional qualifications and strengthening the portability of qualifications and skills across national borders, including through digitalisation and interoperability, on the basis of a Commission proposal to be presented by autumn 2026.” On 24 April 2026, the European institutions agreed on a 'One Europe, One Market' roadmap with a commitment for concrete actions by the end of 2027, of which the Skills Portability Initiative is a priority deliverable aiming to support Europe’s competitiveness and foster a more integrated Single Market. The Skills Portability Initiative is part of the Fair Labour Mobility package1. It aims to effectively safeguard the right to free movement, allowing workers to move where their qualifications are most valued and empowering European businesses to recruit the skilled labour force they need to remain competitive in the global economy. It can also facilitate mobility back to regions of origin, by ensuring that qualifications and skills acquired elsewhere are understood and recognised when people return. This proposal aims to give workers, employers and national authorities across the EU access to reliable and comparable information on qualifications and skills issued within the Union, and to enable them to use interoperable and verifiable digital attestations of qualifications and skills. In doing so, they will have access to simplified, effective and cost-efficient means to carry, prove, read, understand and compare qualifications and skills obtained in another Member State. In this way, it supports better matching of jobs and workers and helps reduce under-utilisation of skills across the EU. In addition, more comparable information is expected to promote fairness and quality jobs for EU mobile workers by ensuring their qualifications are better understood and recognised whether they move to another Member State or return to their country of origin.. The Skills Portability Initiative further includes a proposal for the revision of the Professional Qualifications Directive and a proposal for a directive on the recognition of qualifications of third country nationals. • Consistency with existing policy provisions in the policy area The proposal supports the freedom of movement of workers provided for in Article 45 TFEU and Regulation (EU) No 492/2011. It also supports the objectives of simplifying administrative procedures for individuals, businesses and national authorities: less red tape, more trust, and better enforcement. The proposal is fully consistent with the broader policy framework and builds on existing European legislation, recommendations and tools. The proposal is fully coherent with the EU's broader digitalisation agenda, including the EU Digital Decade, the Single Market Strategy and the Interoperable Europe Act. With regard to digital qualification attestations, it relies on the EU Digital Identity (EUDI) Wallet, as part of the e-IDAS Regulation (Regulation (EU) No 910/2014), for qualifications up to ten years of age, while it leverages the Single Digital Gateway and the Once Only Technical System for older qualifications (in line with Regulation (EU) 2018/1724) to verify information before issuing a digital qualification into the EUDI Wallet. 1 For more context, see CWP 2026 Commission work programme 2026 - European Commission, https://commission.europa.eu/strategy-and-policy/strategy-documents/commission-work- programme/commission-work-programme-2026_en EN 2 EN  The proposal reinforces the objectives of the European Qualifications Framework Council Recommendation of 22 May 2017 to enhance the transparency, comparability and portability of qualifications in Europe. It is also fully coherent with the Council Recommendation of 16 June 2022 on a common European approach to micro-credentials, which calls for micro- credentials to be included in National Qualifications Frameworks, and to consider European Qualifications Framework (EQF) principles, such as on learning outcomes and quality assurance. The proposal builds on the Europass framework (Decision (EU) 2018/646), with the Europass platform serving as the official platform for information on the EQF. This platform contains information on qualifications and qualifications frameworks and interconnects information on qualifications from National Qualifications Frameworks registers and databases. The proposal is fully consistent with the European classification on Skills, Competences, Occupations and Qualifications (ESCO), which works as a dictionary of occupations and skills on the labour market. Adding ESCO skills to learning outcomes has the potential to further improve the transparency of qualifications when their information is made available online and used in digital qualification attestations. The proposal covers all professions – both regulated and non-regulated - and thus complements the Professional Qualifications Directive (PQD) (2005/36/EC). The proposal is also a critical enabler for the Skills Portability Initiative’s Action 2 on improving cross-border recognition procedures under PQD for access to regulated professions, as the availability of interoperable and verifiable digital qualification attestations will allow for faster and less burdensome cross-border recognition processes under the PQD. In addition, the proposal also eases barriers in non-regulated professions, for which recognition procedures are not legally necessary, by making available comparable, reliable, interoperable and verifiable digitalised information on qualifications. The proposal is also consistent with Regulation (EU) No 492/2011 of 5 April 2011 on freedom of movement for workers within the Union, laying down rules for employment, equal treatment and workers’ families. More specifically, it supports the rights of any national of a Member State to seek employment in another Member State in line with the relevant regulations applicable to national workers and aims to remove barriers related to qualifications and skills that may pose obstacles to the freedom of movement. In addition, initiatives, such as European individual cybersecurity skills attestations proposed under the Cybersecurity Act 2, are consistent and contribute to the objectives of the Skills Portability Initiative. • Consistency with other Union policies The proposal is part of the Fair Labour Mobility Package which contains proposals to guarantee fair workers’ rights, regardless of where they choose to live and work in Europe. Next to the Skills Portability Proposals the Fair Labour Mobility Package includes a proposal for a regulation establishing a European Social Security Pass and a proposal for a regulation to strengthen the European Labour Authority (ELA). It is a key deliverable of the “One Europe, One Market” roadmap to “strengthen the portability of qualifications and skills across national borders, including through digitalisation and interoperability”. It is in line with the simplification agenda of the European Commission by aiming at faster, less burdensome, user centric and digital-by-default processes for workers moving between Member States. It is also consistent with the EU Competitiveness Compass, which identifies retaining and mobilising talent across the EU as key to boosting the Union’s competitive standing, by ensuring that qualifications and skills acquired in one Member State EN 3 EN  are readily usable in another. It further contributes to the European Pillar of Social Rights, notably its principles on fair access to employment and support for labour mobility, and the Single Market Strategy, which aim to remove remaining barriers to companies and workers operating across the EU. The proposal is also consistent with the Union of Equality strategies, which highlighted the fair portability and transparent recognition of qualifications and skills as a critical driver for achieving true equal opportunity and non-discrimination across the Single Market. Finally the proposal is in line with the obligations under the United Nations Convention on the Rights of Persons with Disabilities and in particular Article 9 of that Convention, as well as the requirement in Article 9(1) of Directive (EU) 2024/2841, under which digital qualification attestations should be accessible for persons with disabilities. 2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY • Legal basis The proposal is based on Article 46 TFEU which provide the legal basis for adopting measures to facilitate the free movement of workers. Pursuant to Article 46 TFEU, the European Parliament and the Council are mandated to adopt the necessary measures to bring about the freedom of movement for workers. This includes, inter alia, the systematic removal of administrative and legislative obstacles hindering the search, application for, and take-up of employment across Member States (Article 46(b) TFEU), as well as setting up appropriate mechanism to bring offers of employment into touch with applications for employment and facilitating the balance between supply and demand and level of employment in the various regions and industries (Article 46(d) TFEU). • Subsidiarity (for non-exclusive competence) Barriers related to qualifications and skills are one factor hindering individuals to make full use of their free movement rights and to work in another Member State. They have a negative impact on the functioning of the Single Market by creating costs for businesses and individuals and indirectly affecting the potential of labour mobility in addressing labour shortages in the EU. Without improved information on qualifications and skills obtained in other Member States and tools facilitating effectively the portability of such qualifications and skills, businesses and workers face difficulties when considering opportunities across the EU. Given the cross-border nature of these problems, effective solutions are best pursued at the EU level to allow for interoperability across Member States instead of 27 different national frameworks and systems that would create fragmentation, increase administrative burdens and even worsen the challenges related to cross-border use and recognition of digital qualification attestations. The added value of ensuring availability of verifiable and interoperable digitalised information on qualifications and skills obtained in the EU is that workers will be equipped with digital qualification attestations that are easily accessible to them as holders of qualifications and to their potential employers. In the case of regulated professions, in accordance with Directive 2005/36/EC, they will also be accessible to the recognition authorities in Member States. Employers will also have access to tools enabling better understanding and comparison of qualifications issued in different Member States. A common legal and technical framework underpinning the digitalisation of qualifications will allow digital qualification attestations issued in another Member State to become more trustworthy and easier to verify. Digital qualification attestations issued in a standardised manner will be understood across the EU. This in turn can make job applications less cumbersome and EN 4 EN  facilitate smoother access to jobs in all Member States. Overall, the expected added value of this action will be greater portability of qualifications and skills. This Regulation does not harmonise the content of education and training, the organisations of education and training systems or the conditions of access to professions. It regulates the format, authenticity and verifiability of digital attestations of qualifications and conditions for the provision of comparable information on qualifications awarded under national systems, leaving the design of those systems and the substance of the qualifications to the Member States. The proposal will help sustain and further enhance the momentum in advancing European digital policies and transforming the EU into a modern, resource-efficient and competitive economy. An EU action will help accelerate the digitalisation of public services on cross- border interoperability, contribute to a well-functioning, integrated digital single market, ultimately benefitting European competitiveness. By building on and reinforcing key digital EU initiatives - such as the Single Digital Gateway Regulation (SDGR), the Once Only Technical System (OOTS), and the EUDI framework – an EU action will maximise the impact of prior EU investments, being part of a coherent and cohesive EU digital landscape that serves the interest of the EU and its Member States. EU-level action at this stage would help ensure coordinated and interoperable solutions across Member States, while ensuring alignment with existing EU initiatives. Acting now would also help maximise the benefits of these initiatives and avoid additional costs and complexity that could arise from having to align or replace divergent solutions at a later stage. • Proportionality The proposal is necessary and proportionate to the objective of facilitating the portability of qualifications and skills between Member States, ensuring that they have a similar signalling value across the Union, meaning that they provide a consistent and reliable indication of the qualifications and skills held by an individual, regardless of the Member State in which they were issued. It does so by establishing common rules on and standards for the digitalisation of qualifications and the access to reliable and comparable information on qualifications and skills issued in the EU. Without such common requirements, Member States would continue to rely on paper-based or fragmented digital systems when issuing qualifications and employers (and any other interested party) would continue to have difficulties in assessing the authenticity of and understanding qualifications from other Member States. This Regulation confers on a digital qualification attestation the same evidentiary value as corresponding paper attestation and supports comparability of qualifications awarded under national systems. It does not confer equivalence between qualifications, nor any right of recognition of or access to a regulated profession, which continue to be governed by Directive 2005/36. The proposal does not go beyond what is necessary to achieve the objectives of ensuring an improved portability of qualifications and skills in the context of the freedom of movement of workers. The objective of achieving a quick impact was carefully balanced against the financial and administrative burden created for public administrations, the action focuses on the most relevant segment of qualifications and takes a pragmatic approach to data fields required. While newly issued qualifications would be digitalised into the EUDI Wallets by default, recent qualifications, i.e. those issued in the past ten years, would be digitalised without delay only on demand for the purpose of employment in another Member State. Preparing the infrastructure for digitalisation of recent qualification attestations requires a certain upfront investment but strongly reduces the recurring cost for issuance later on. Data availability is expected to be high for this ten-year period since it coincides with the time after EN 5 EN  adoption of the EQF Recommendation in which archives tend to be digital already. 25 EU Member States have their NQFs referenced to the EQF for ten years or more. Today, already 14 EU Member States share information on qualifications with the Europass platform. In terms of policy impact, it allows a quick rollout for the younger cohorts who tend to change jobs most frequently and are most likely to move to another EU country. This is also the age group with still comparatively short work experience, for which qualifications generally matter more in the recruitment process than for older cohorts. For qualifications obtained more than 10 years ago, more time is given: for them, digital qualification attestations need to be issued upon demand in a reasonable timeframe i.e. maximum two weeks. In addition, for older qualifications, the information needs can be adapted so that Member States can provide the necessary information, with many fields being optional. Overall, only minimum common requirements are provided for digital qualification attestations. By relying on existing EU frameworks, notably the EUDI framework and existing transparency tools such as the EQF, the proposal employs a cost-effective strategy, minimising costs and optimising resources efficiently. • Choice of the instrument Article 26(2) TFEU provides that the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. For nationals of a Member State, in accordance with Article 45 TFEU, this includes a right to accept offers of employment in a Member State other than the one in which they have obtained their qualifications or skills. Article 46 TFEU lays down that directives or regulations shall be issued in an ordinary legislative procedure to set out the measures required to bring about freedom of movement for workers. Given the cross-border nature of the problem and the need to prevent regulatory fragmentation, a regulation is the most suitable, effective and proportionate legal instrument to achieve the defined policy objectives, namely to establish a single framework and set of standards for digital qualification attestations which are understood and trusted across the Union. Having a unified and single set of rules and formats will enable digital qualification attestations to represent qualifications that are comparable and verifiable in all Member States, irrespective of their awarding origins. As a directly applicable act, it also ensures uniform application across Member States and provides legal certainty and effectiveness. This also aligns with the identified legal basis. 3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS • Ex-post evaluations/fitness checks of existing legislation There is no existing EU legislation specifically addressing the digitalisation of qualifications, and therefore no ex-post evaluation or fitness check of such legislation exists. The Skills Portability Act is a new initiative. It builds on existing tools such as the European Qualifications Framework and the Europass Framework, which were subject of evaluations2 in 2024. 2 COM/2024/135 final - Report from the Commission to the European Parliament and the Council on the implementation and impact of Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (Europass) and SWD(2024)142 - Commission Staff Working Document Executive Summary of the Evaluation of the Council Recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning EN 6 EN  The European Qualifications Framework was found to be well-suited to promote the transparency, comparability and portability of qualifications across the EU. All 27 Member States have referenced their National Qualifications Frameworks (NQFs) or systems to the EQF. However, ensuring that National Qualifications Frameworks and databases and registers of qualifications are updated and connected to the Europass platform is mentioned as an area of improvement. Europass was found to facilitate mobility for work and study in the EU, by presenting knowledge, skills, and competences in a standardised format. However, the evaluation points out that further efforts are needed in developing qualification and learning opportunity databases and registers that should link to the Europass platform via the Qualification Dataset Register. • Stakeholder consultations A comprehensive consultation took place to gather a broad and representative evidence base on the portability of qualifications and skills across EU countries. The evidence collected through these activities supported the problem definition and enabled the assessment of the feasibility, suitability and potential impacts of selected policy measures. This comprehensive evidence-gathering exercise included the following activities: • An open public consultation was run between 5 December 2025 and 27 February 2026 resulting in 785 responses; • A call for Evidence ran in parallel to the public consultation and 235 responses to the call for evidence, including 126 position papers; • Targeted consultations were conducted in the context of this initiative between October 2025 and April 2026; • A social partner hearing on 23 January 2026; • A dedicated survey of SMEs was carried out during February and March of 2026 (159 responses); • A survey of issuers of qualifications was conducted (574 replies); • A total of 94 stakeholder interviews were carried out by an external study (covering 140 stakeholders); • Discussions in focus groups (8 in total), including 88 participants; • Expert workshops (4 in total), including 41 participants; • A survey among National Academic Recognition Information Centres was carried out in April 2026 (16 responses); • A survey of the EQF Advisory Group (14 responses); • A survey among EQF National Contact Points took place during March-April 2026 (21 responses); • Legal reports from the MoveS network on free movement of workers (All 27 Member States covered); • Eurofound reports on collective agreements in the Member States (20 Member States covered). These consultations revealed broad support for digitalisation of qualification attestations, including a broad consensus on the use of the EUDI Wallets as the primary digital solution. EN 7 EN  These positions, and the Commission's assessment of how they have been reflected in the preferred option, are summarised in Annex 2 (Stakeholder consultation synopsis report) of the Impact Assessment. • Collection and use of expertise An external contractor assisted the Commission in conducting a study to support the work on the Impact Assessment between September 2025 and August 2026. An Inter-Service Steering Group, comprising more than twenty Commission services including the Legal Service, met three times to steer the preparation of the Skills Portability Initiative. • Impact assessment The proposal for a Regulation is accompanied by an impact assessment report 3, a draft of which was submitted to the Regulatory Scrutiny Board (RSB) on 17 June 2026. Recommendations received from the RSB in its negative opinion of 15 July 2026 were addressed, notably by removing the obligation to refer to EQF levels in labour market contexts and the legal presumption of equivalence of qualifications of the same level, as at this stage it is not possible to quantify the extent of barriers related to equivalence of qualification levels in non-regulated professions. Moreover, the problem definition and intervention logic have been reinforced by expanding the evidence base, integrating the findings of the EQF and Europass evaluations, strengthening the analysis of labour market failures and better substantiating the role of qualification portability in supporting worker mobility. The dynamic baseline has been expanded to better reflect existing EU tools, ongoing digital initiatives and technological developments, while the description of the policy measures has been made more operational and implementation-oriented. Finally, the report provides a stronger assessment of coherence with the other actions of the Skills Portability Initiative and with relevant EU initiatives in the fields of skills, qualifications, digital identity and interoperability, demonstrating more clearly how the preferred option builds on existing EU frameworks and projects. Following the aforementioned adjustments, the RSB issued a positive opinion with reservations on 24 August 2026. To address the remaining reservations, the problems identified in the impact assessment and the analysis of the impacts of the various options were substantiated further. Both opinions of the RSB are available at [add link at publication]. Overall, the impact assessment considered several legislative Policy Options for the two Specific Objectives, namely Specific Objective 1: By the end of the transition period, labour market actors have access to reliable and comparable information on qualifications and skills issued in the EU. Specific Objective 2: By the end of the transition period, labour market actors in the EU can benefit from interoperable and verifiable digital attestations of qualifications and skills. The following policy options were assessed for the Specific Objectives: • Policy Option 1: digitalisation with the EUDI Wallets of all new NQF qualifications (EQF levels 2-8) and all other new skills documents. For past qualifications, digitalisation with the EUDI Wallets upon request, within a reasonable timeframe and limited for the purpose of employment in another Member State; (3) SWD (2026) 993, IMPACT ASSESSMENT REPORT Accompanying the document PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON PORTABILITY OF QUALIFICATIONS AND SKILLS AND AMENDING REGULATION (EU) 2018/1724 (“SKILLS PORTABILITY ACT”). EN 8 EN  • Policy Option 2: digitalisation with the EUDI Wallets of all new NQF qualifications (EQF levels 2-8). For past qualifications, digitalisation with the EUDI Wallets upon request and limited for the purpose of employment in another Member State. Those qualifications awarded in the past 10 years to be issued without delay, and those older than 10 years, within a reasonable timeframe; • Policy Option 3: digitalisation with the Europass Wallet of all new NQF qualifications (EQF levels 2-8) and all other new skills documents. For past qualifications, digitalisation with the Europass Wallet upon request, within a reasonable timeframe and limited for the purpose of employment in another Member State. All options include a common set of measures to support interoperability and trust. All options include the same approach to NQFs and the EQF and make it mandatory for Member States to have a comprehensive NQF in place, and for their NQFs to be clearly and regularly referenced to the EQF. All options ensure the legal value of digital qualification attestations, requirements to Member States to have up to date national databases of qualifications, awarding bodies and accreditation, connected with Europass. All options ensure that the Europass comparison tool is made more effective and user-friendly to facilitate the comparison of specific national qualifications. All options share the same trust framework to ensure verifiability and comparability of digital attestations by employers and other users. All options are also accompanied by possible non-legislative supporting measures, including awareness-raising activities, continued support to existing EU tools and encouragement to make use of available EU funding. The impact assessment resulted in the choice of the Policy Option 2 as the preferred way forward to achieve the specific objectives 1 and 2 in an effective and efficient way. Policy Option 2 is most effective in achieving comparable, reliable, interoperable and verifiable digitalised information on qualifications and skills obtained in the EU. It ensures a common information and technical standard for all new NQF qualifications and those issued in the past 10 years, to facilitate comparison and verification. It is the option with the most optimal efficiency balance, concentrating digitalisation where labour market impact is greatest and ensuring that, as part of the NQF, the digitalised qualifications are quality assured by the Member States. Policy Option 2 supports also SPI Action 2 and facilitates in general the verification and understanding of qualifications issued in the EU in the context of both regulated and non- regulated professions. Together, they form a coherent and functional system for qualifications and skills portability across the EU's labour market. • Regulatory fitness and simplification As shown in the consultation, employers do not understand qualifications from other Member States well enough to assess what the holder truly knows or is able to do – i.e. the qualification level and content 4. Confidence of SMEs falls significantly when assessing qualifications from other EU countries, compared to from their own country. In the SME Survey, the most frequently cited challenge when assessing qualifications from other EU countries by SMEs, was insufficient familiarity with foreign education systems, difficulty verifying the authenticity of qualifications and language barriers. Similarly, the Europass evaluation5 pointed out that verifying the authenticity of a candidate’s qualifications is very 4 SPI Consultation Social Partners; Expert workshop: Recognition of VET qualifications for the purpose of worker mobility. 5 EUR-Lex - 52024SC0071 - EN - EUR-Lex EN 9 EN  important for employers when hiring. At the same time, 59% of the employers consider the process of verifying the authenticity of candidates’ qualifications or experience to be often or sometimes difficult and slightly more than half of them (54%) consider receiving digitally certified documents proving qualifications to be important. This initiative aims to bring simplification for employers and workers by making qualifications instantly verifiable for labour market actors across the Single Market, and by facilitating the comparison of the level and content of qualifications issued in the EU without any cost. It aims to do so by building on existing tools such as the European Qualifications Framework, Europass and the European Digital Identity Wallet, and through setting common standards for digital attestations of qualifications to be comparable, reliable, interoperable and verifiable. This will facilitate recruitment procedures involving cross-border applications, and make systems for issuing digital qualification attestations interoperable from the start through a coordinated approach. The availability of the Europass platform centralising reliable and comparable information will reduce the need for multiple efforts at Member State level to make available and keep track of information on each others’ NQFs. Moreover, the proposal contributes to the objectives of regulatory fitness and is consistent with the ‘Digital check’. It fully aligns with core e-government principles: i.) digital by default, promoting digital procedures as preferred choice, while still offering alternative options, ii.) once-only principle, reducing redundant data submission, iii.) interoperability by design, facilitating cross-border recognition and verification of documents as well as cross-border data exchange, and reducing fragmentation, iv.) user-centricity, putting people at the centre and ensuring predictable processing times, v.) inclusiveness and accessibility, guaranteeing equal access to all, notably persons with disabilities, elderly people and individuals with limited digital skills by still offering the option of paper documents, vi.) trustworthiness and security, promoting the protection of personal data and high security standards vii.) cross-border by default, ensuring interoperability and reducing/preventing unnecessary barriers to mobility. • Fundamental rights This proposal respects fundamental rights and the principles recognised by the Charter of Fundamental Rights of the European Union including inter alia, the right to private and family life, the right to protection of personal data, the freedom to conduct a business, the right to a high level of human health protection, the right to good administration and the right to an effective remedy. The proposal is expected to have a positive impact on labour mobility and employment rights (Articles 15 and 45 of the EU Charter), and reduced administrative barriers to portability of qualifications, aligning with European Pillar of Social Rights Principle 4 (active employment support). The proposed Regulation includes the processing of personal data. It should therefore ensure that such processing complies with the requirements of the General Data Protection Regulation (GDPR) and the fundamental rights guaranteed in the Charter, notably the rights to privacy and data protection under Articles 7 and 8, and in the TFEU, especially Article 16 EN 10 EN  on the right to the protection of personal data. The preferred option is expected to ensure a high-level of security and data protection by giving users control, minimising data exposure, guaranteeing selective disclosure, and ensuring GDPR-compliant, secure, and transparent handling of personal data when using EUDI Wallets and benefitting from legal safeguards when relying on enhanced physical documents. 4. BUDGETARY IMPLICATIONS The proposal entails budgetary implications for the Union, principally linked to the development and improvement of a comparison tool in Europass (Article 8), the development of a reference software for the digital verification tool (Recital 18; Article 7); the back office tool to support the Member States sharing information on qualifications, accreditation and awarding bodies with Europass (Articles 3 and 8); possible support to Member States in their implementation of issuance system for the digital qualification attestations (Articles 3, 4, 6, 7, 8, 9); and the Secretariat of the Qualifications Digitalisation Group (Article 11). The estimated budgetary impact for 2028 and beyond does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. 5. OTHER ELEMENTS • Implementation plans and monitoring, evaluation and reporting arrangements A group on digitalisation of qualifications (the ‘Qualifications Digitalisation Group’) is established to facilitate cross-border cooperation and exchange of information on issues related to the implementation of this Regulations, notably trust services, European Digital Identity Wallets, notified electronic identification schemes, semantic model and digital qualification attestations, and to take all necessary steps to ensure that the information exchanged is up-to-date. A committee within the meaning of Regulation (EU) No 182/2011 shall assist the Commission in the preparation of the implementing acts under an examination procedure in accordance with Article 5 of that Regulation. A draft monitoring framework has been designed to monitor the implementation and evaluate the initiative’s impact, ensuring that it remains fit for purpose and achieve the intended objectives. This framework will undergo further refinement based on the ultimate legal specifications and implementation schedule. Progress will be tracked through a set of output, result, and impact indicators linked to the operational objectives. The Commission, in close cooperation with Member States, will regularly collect and analyse data - leveraging existing reporting mechanisms - to identify implementation gaps, assess the efficiency of the measure, and provide the necessary evidence base for a future evaluation. • Detailed explanation of the specific provisions of the proposal Article 1 defines the subject matter and sets out the rules that will be laid down for skills portability, as well as which elements of governance will be addressed. Article 2 sets out the definitions of the main concepts used in the proposed Regulation to facilitate uniform interpretation and application. Article 3 sets out the trust framework for digital qualification attestations, which should be retrievable electronically by holders of qualifications. They are to be issued within European Digital Identity Wallets as qualified electronic attestations of attributes or as electronic attestations of attributes issued by or on behalf of a public sector body responsible for an EN 11 EN  authentic source. The article also sets out that Member States shall communicate lists of the awarding bodies, accreditations and qualifications included in their National Qualifications Frameworks to the Commission. The article empowers the Commission to adopt implementing acts laying down detailed provisions concerning the agreed common language; formats and protocols for the issuance of digital qualification attestations across the Union; and the formats of and transfer protocols for lists of awarding bodies, accreditations and qualifications included in national qualifications frameworks in accordance with the examination procedure referred to in Article 5 of Regulation (EU) No 182/2011. Article 4 lays down that Member States shall issue digital qualification attestations, free of charge for the holders. It also lays down the data requirements for digital qualification attestations, the fact that they shall be recognised as evidencing qualification awarded to the holders and be valid across the Union. It further specifies that digital qualification attestations are issued as the default format for evidencing qualifications which are quality assured as a part of a Member State’s national qualifications framework; and have been awarded after the date of entry into force of this Regulation minus 10 years. Member States may limit the issuance of digital qualification attestations for qualifications awarded during the last 10 years to the cases in which the qualification holder proves the purpose of pursuit of employment in another Member State. Member States can also issue digital qualification attestations before that reference date. It finally empowers the Commission to adopt delegated acts to take account of technical, operational or scientific developments. Article 5 sets out conditions for the issuance of digital qualification attestations. It states that holders may request a digital qualification attestation for qualifications awarded to them, which shall be issued to their European Digital Identity Wallets upon the qualification holder’s request if the qualification comes from an accredited awarding body listed in the relevant list and the holder has an active European Digital Identity Wallet. Article 6 sets out the effects of revocation or suspension of a digital qualification attestation, including the refusal of issuance where the underlying qualification is withdrawn or suspended, the sharing of revocation information, and the non-recognition of revoked or suspended attestations for as long as that status remains in place. Article 7 sets out the framework for verification by relying parties. It requires Member States to ensure that relying parties can verify digital qualification attestations, including accreditations and the status of qualifications, while the Commission is to adopt formats and procedures for verification by relying parties through implementing acts. Article 8 sets out the requirement for Member States to provide information on qualifications, awarding bodies and accreditations through the Europass platform. It sets out the implementing acts the Commission shall adopt on common formats and protocols for information transfer and delegated acts to take account of technical, operational or scientific developments. The article also states that Member States shall ensure that their national qualifications frameworks are referenced to the European Qualifications Framework and that the referencing is updated when relevant. It further sets out that National Qualifications Frameworks include all qualifications under a Member State’s jurisdiction, including micro- credentials to the extent possible. Finally, it states that the Commission shall provide a digital tool to compare qualifications in Europass. Article 9 sets out how Member States are to issue, on request, digital qualification attestations for older qualifications, on the basis of existing evidence verified by an issuer. It empowers the Commission to adopt delegated acts to amend data fields in digital qualification attestations. It includes a possibility for the Member States to limit the issuance of digital EN 12 EN  qualification attestations for older qualifications to the cases in which the qualification holder proves the purpose of pursuit of employment in another Member State. Article 10 sets out that Member States shall provide publicly available information on the implementation of the Regulation. Article 11 sets out how the Qualifications Digitalisation Group will support and facilitate Member States’ cross-border cooperation and exchange of information on trust services, European Digital Identity Wallets, notified electronic identification schemes, semantic model and digital qualification attestations. Article 12 specifies the data protection requirements applicable to the processing of personal data under this Regulation. It shall ensure that personal data processed in the context of this Regulation shall be retained no longer than 45 years. Article 13 contains rules on reporting and review. Depending on the outcomes of an evaluation and review, the Commission shall, if necessary, submit appropriate proposals to amend the provisions of this Regulation. Article 14 determines the conditions under which the Commission is empowered to adopt delegated acts. Article 15 establishes a committee to assist the Commission in adopting implementing acts in accordance with Regulation (EU) No 182/2011. Article 16 specifies that this Regulation will amend Regulation (EU) 2018/1724 in order to add information under its Annex I and, under its Annex II, a procedure on requesting proof of qualification. Article 17 specifies the entry into force [and entry into application] timeline[s]. EN 13 EN  2026/0274 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on portability of qualifications and skills and amending Regulation (EU) 2018/1724 ("Skills Portabilty Act") (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the European Economic and Social Committee6, Acting in accordance with the ordinary legislative procedure, Whereas: (1) [POLITICAL CONTEXT] The Single Market is a cornerstone of European integration and a key driver of the Union’s competitiveness, prosperity and resilience. Its full potential depends, inter alia, on enabling people to move freely across the Union and to put their qualifications and skills to use wherever they are needed. Facilitating mobility contributes to a better allocation of skills across the Union, helps address labour and skills shortages and strengthens the capacity of the Union economy to respond to changing economic and demographic needs. (2) [REG ON FREE MOVEMENT OF WORKERS] Regulation (EU) No 492/2011 of the European Parliament and of the Council7 provides that any national of a Member State, irrespective of his or her place of residence, has the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State in accordance with the provisions laid down by law, regulation or administrative action governing the employment of nationals of that State and with the same priority as nationals of that State. Portability of qualifications and skills obtained in another Member State is necessary for the effective exercise of those rights. (3) [OBJECTIVE OF THIS REGULATION, Article 1] This Regulation aims at facilitating portability of qualifications and skills for workers and employers through improved availability of comparable, reliable, verifiable, interoperable and digitalised information about qualifications and skills obtained in the Union. 6 OJ C [...], [...], p. [...] 7 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1, ELI: http://data.europa.eu/eli/reg/2011/492/oj). EN 0 EN  (4) [REMAINING BARRIERS] Limited skills portability hinders the full exercise of the freedom of movement of workers enshrined in the Treaty. Employers struggle to understand the qualifications and skills acquired in another Member State and may refrain from tapping into the potential pool of workers of the internal market. For similar reasons, workers in the Union may be discouraged from seeking employment in another Member State, or returning to their own Member State, when holding qualifications obtained in another Member State. Improved portability may therefore also facilitate return and circular mobility, enabling workers to put skills acquired elsewhere in the Union to use in their Member State or region of origin. Moreover, digitalisation of qualifications carried out by Member States individually would lead to further fragmentation of the labour market. These barriers also adversely affect the functioning of the internal market, restricting opportunities to address labour shortages, including in strategic sectors, representing a loss of potential for both workers and businesses and hampering delivery of critical services, as valuable skills remain partially unused and not valued. Removing those barriers should support both the effective exercise of free movement and more balanced territorial development, while allowing mobility to remain a genuine choice rather than a necessity driven by the lack of local opportunities. (5) [DIGITALISATION, Articles 3 and 4] The digital transformation of qualification systems is essential to enhance the reliability, comparability, interoperability and verifiability, and thus portability of qualifications across the Union, thereby facilitating cross-border mobility and labour market integration. It contributes to the removal of administrative barriers to the free movement of workers, such as those related to the time, translations and procedures needed to review authenticity of non-interoperable evidence of qualifications, such as paper or PDF formats. Therefore, a common Union standard should be established for digital qualification attestations issued within the Union, and reliable and comparable information on qualifications should be shared by the Member States and made available to labour market actors. (6) [FORMATS] Digital qualification attestations should be the default format for qualifications issued to qualification holders. As Member States need time to prepare for the issuance of digital qualification attestations, that requirement should apply from three years after the entry into force of this Regulation. Member States should however have the possibility to issue digital qualification attestations already before that date. The issuance of qualifications in other formats than the digital qualification attestations should remain under the responsibility of the Member States. (7) [EUDI WALLET, Article 3] A more harmonised approach towards digital qualification attestations reduces the risks and costs of the current fragmentation due to the use of divergent national solutions or, in some Member States, the absence of such digital solutions. Such an approach contributes to strengthening the internal market by providing harmonised digital qualification attestations across the Union. The European Digital Identity (EUDI) Framework was created by Regulation (EU) No 910/2014 of the European Parliament and of the Council8 with an intention to achieve a shift from the reliance on national digital solutions only, to the provision of electronic attestations of qualifications that are valid and legally recognised across the Union. While every Member State is required to provide an EUDI Wallet, the use of it 8 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73, ELI: http://data.europa.eu/eli/reg/2014/910/oj). EN 1 EN  remains a matter of choice for its nationals or residents. Digital qualification attestation should be issued upon request of the qualification holders into their EUDI Wallets and in accordance with Regulation (EU) 910/2014. (8) [TRUSTED FRAMEWORK FOR DQAs, Article 3] The digital qualification attestation should be issued under a trusted framework provided in Regulation (EU) No 910/2014 to ensure its validity across the Union. To this end, the attestations should only be issued as qualified electronic attestations of attributes issued by a qualified trust service provider or electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source. (9) [ACCREDITATION, Article 2] Any awarding body that is authorised to award qualifications that are included in national qualifications frameworks should be considered as accredited awarding bodies in the context of this Regulation. This includes situations where an awarding body has been designated by law or, in the case of non-governmental bodies which are awarding qualifications under the specific rules of national qualifications frameworks regulations or procedures. (10) [ISSUANCE and COST of DIGITAL QUALIFICATION ATTESTATIONS, Article 4 and 5] Qualification holders should have a right to be issued digital qualification attestations as long as they have active EUDI Wallets and request the issuance of it. Digital qualification attestations should be provided free of charge to the holders of qualifications. To this end, Member States should refrain from establishing any administrative fees for the issuance of digital qualification attestations to avoid hampering their use. (11) [SCOPE of DIGITAL ATTESTATIONS, Article 4] Digital qualification attestations under this Regulation should be issued for qualifications at levels 2 to 8 of the European Qualifications Framework, in order to ensure the broad coverage of qualifications with labour market relevance. European Qualifications Framework level 1 is not part of the scope, as this level, where it is used in national qualifications frameworks, largely relates to primary/basic education which is of lesser relevance for the labour market. (12) [LEGAL VALUE OF DIGITAL QUALIFICATION ATTESTATIONS, Article 4] Minimum technical and procedural requirements are necessary for the issuance of digital qualification attestations to ensure that those attestations are interoperable and that they constitute legally valid evidence of qualifications awarded in the Union. (13) [STANDARISATION & eIDAS REG, Articles 4 and 5] The use of Union standard specifications for digital qualification attestations ensures consistency, interoperability, and cross-border validity of qualifications, while allowing Member States the flexibility to adapt to national contexts where necessary. Those specifications should align with good practices in digital credentialing, including security, data protection, and long-term verifiability, in accordance with Regulation (EU) No 910/2014 which lays down rules under Article 5f on cross-border reliance of EUDI Wallet. (14) [DQAs WITH DIFFERENT SPEEDS] To facilitate free movement of workers and portability of their qualifications across the Union, digital qualification attestations for all qualification awarded between [date of entry into force minus 10 years] and [date of entry into force] should be issued as soon as possible, and in any case no later than two weeks after request for their issuance and without the need for manual processing. However, for qualifications awarded in the period between [date of entry into force EN 2 EN  minus 45 years] and [date of entry into force minus 10 years], the digital qualification attestations should be issued digitally within a reasonable time allowing Member States time to gather the data and check the information and no later than two weeks. Member States should be allowed to limit issuance of digital qualification attestations for qualifications awarded in the period between [date of entry into force minus 45 years] and [date of entry into force minus 10 years] to cases where the qualification holder can prove that the purpose for the use of the attestations is pursuit of employment in another Member State. (15) [REVOCATION & SUSPENSION, Article 6] In line with their responsibility in the education and training policies, Member States should be able to apply their national provisions on withdrawal or suspension of qualifications awarded by entities in their territory, irrespective of whether those qualifications are evidenced in the form of physical or digital qualification attestation. Therefore, digital qualification attestations should reflect the status of the qualifications, such as whether they have been suspended or revoked. Arrangements for suspension and revocation are without prejudice to the alert mechanism under Directive 2005/36/EC. (16) VERIFICATIONS, Article 7] To ensure trust in and interoperability of digital qualification attestations across the Union, Member States should establish tools enabling relying parties such as employers and public authorities to verify the authenticity and validity of a qualification and the accreditation of an awarding body. To facilitate verification processes and reduce administrative burdens, the Commission intends to support Member States, including by providing a reference software supporting secure, efficient and non-discriminatory verification processes. While employers cannot refuse a digital qualification attestation issued in accordance with this Regulation as a proof of a qualification or question its authenticity, the Regulation imposes no obligation on employers to request or verify the authenticity or validity of a qualification. The Regulation also does not impact employer’s prerogative to assess the qualification in the selection process and decide on their relevance. (17) [EQF & NQF, Article 2 and 8] This Regulation covers qualifications included in a national qualifications framework of a Member State which are awarded by an awarding bodies established in the Union. The European Qualifications Framework is a tool established in 20089, and revised in 201710 (the ‘2017 Recommendation’), to facilitate the comparison between levels and portability of qualifications awarded by entities from different Member States. Member States have undertaken significant efforts to develop national qualifications frameworks and to reference them to the European Qualifications Framework through a structured referencing process. National qualifications frameworks are evolving to reflect changes in qualifications, emerging skills, and new forms of learning, including micro- credentials. Information on all qualifications that form part of such national qualifications frameworks should be included in qualifications registries and databases. Updated national qualifications frameworks should be reflected in the referencing to the European Qualifications Framework that should remain adequate 9 The recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 111, 6.5.2008, pp. 1–7). 10 Council recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning and repealing the recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 189, 15.6.2017, p. 15). EN 3 EN  and relevant for workers, employers and other stakeholders. To this end, it is essential that Member States update the referencing of their national qualifications frameworks to the European Qualifications Framework when needed. (18) [INTERLINK WITH THE 2017 RECOMMENDATION] This Regulation should apply to the use of the European Qualifications Framework in the context of the exercise by workers of their freedom to move. To ensure legal certainty and coherence, the levels of the European Qualifications Framework and some of the terms and definitions laid down in the 2017 Recommendation should be incorporated into this Regulation for the purposes of the free movement of workers. This does not create any obligation as to how Member States design their national qualifications frameworks. As far as the 2017 Recommendation covers the use of the European Qualifications Framework for lifelong learning, that Recommendation should continue to provide guidance on matters not governed by this Regulation. (19) [MICRO-CREDENTIALS, Article 8] Micro-credentials play an increasingly important role in upskilling and reskilling. The European approach to micro- credentials was established to support the quality, trust and uptake of micro- credentials, and to make them more comparable and understandable across borders and sectors. To facilitate their portability, micro-credentials should be included in national qualifications frameworks and, to the extent possible, align with the Council Recommendation of 16 June 202211 on a European approach to micro-credentials for lifelong learning and employability, fostering consistency, transparency and trust in those credentials across the Union. (20) [ESCO, Article 8] Member States should ensure that qualifications that are part of national databases connected to the Europass platform12 include information on learning outcomes and to the extent possible use standard information on skills. To this end, Member States should be allowed to make use of the European Guidelines for the development and writing of short learning-outcomes-based descriptions of qualifications13. In addition, Member States should have the possibility to make use of skills terminology from the European Skills, Competences, Qualifications and Occupations (ESCO) classification introduced by Regulation (EU) 2016/589 of the European Parliament and of the Council14 which facilitates the understanding of qualifications in the labour market and contributes to better job matching. (21) [EUROPASS, Article 8] To improve the availability of comparable digitalised information about qualifications for workers and employers, Member States should ensure that national databases are connected to the Europass platform and include qualifications that are part of national qualifications frameworks referenced to the European Qualifications Framework. A comparison tool embedded in the Europass platform will facilitate an automated comparison of qualifications listed in national qualifications frameworks referenced to the European Qualifications 11 Council Recommendation of 16 June 2022 on a European approach to micro-credentials for lifelong learning and employability (OJ C 243, 27.6.2022). 12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (Europass) and repealing Decision No 2241/2004/EC (OJ L 112,2.5.2018, p. 42). 13 https://www.cedefop.europa.eu/en/publications/6222 14 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04. 2016 , p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj). EN 4 EN  Framework. The comparison generated by the tool is for information purpose, facilitating the work for social partners, employment services and job applicants. (22) [TIMELINES, Article 9] For those qualifications and skills which were awarded before the creation of the national qualifications frameworks and their reference to the European Qualifications Framework, other means of verifying the authenticity of the qualifications and accreditations of the awarding bodies are necessary. Therefore, it is appropriate to provide additional rules and specification with regard to the issuance of digital qualification attestations for qualifications awarded before [date of entry into force minus 10 years]. (23) [INFORMATION ON THE REGULATION, Article 10] In order to facilitate the application of this Regulation and the use of digital qualification attestations, Member States should make publicly available relevant information. This could include accessible and reliable sources of guidance on matters governed by this Regulation, including the issuance of digital qualification attestations and the availability of comparable information on qualifications. (24) [MUTUAL ASSISTANCE AND GOVERNANCE, Article 11] Member States should work together in pursuit of the use and mutual understanding of qualifications awarded across the Union for the purposes of workers’ mobility. Therefore, a group on digitalisation of qualifications should be created. This group should consult, on an ad hoc basis, the European Digital Identity Cooperation Group established under Article 46e of Regulation (EU) No 910/2014 regarding questions related to the format of the attestations or their efficient use in the European Digital Identity Wallets. (25) [PERSONAL DATA, Article 12] Any processing of personal data for the implementation of this Regulation should comply with the data protection framework of the Union, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council15. Personal data processed in the context of this Regulation includes data such as given name, surname, nationality and national ID as specified in Annexes II and V to this Regulation. This data should be retained for no longer than necessary throughout an average length of a work career, namely 45 years. No other personal data than those specified in those annexes should be processed in the context of this Regulation. The retention period of 45 years is necessary to ensure access to digital qualification attestations during the whole span of professional career. (26) [REPORTING & REVIEW, Article 13] In order to enable the preparation of meaningful reports on the application of this Regulation, the Commission should receive from the Member States, on a yearly basis, information regarding the number of digital qualification attestations issued, renewed, revoked and suspended, the share of qualifications issued in the form of digital qualification attestations in all qualifications awarded annually and the number of relying parties registered to access digital qualification attestations. Every two years, Member States should send reports to the Commission on the application of this Regulation, which should serve as a basis for the Commission to review and evaluate its application. (27) [W3C FORMAT FOR Digital Qualification Attestation, Annex I] In accordance with the objectives of Regulation (EU) No 910/2014, a number of standards should be selected to meet the specific requirements on issuance of digital qualification 15 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj) EN 5 EN  attestation in the EUDI Wallets. Those standards should reflect established practices and be widely recognised within the relevant sectors. To this end, as the W3C VCDM format is used as the reference format for attestations, in particular in the education and training sector, the European Digital Identity Wallets should also support the format for the digital qualification attestations when the new EUDI Wallets standards by the European Telecommunications Standards Institute (ETSI) on the W3C VCDM format are available. (28) [DELEGATED ACTS, ARTICLE 14] In order to keep this Regulation in line with global developments and to follow best practices on the internal market, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes to this Regulation to take into account technical, operational or scientific developments. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making16. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (29) [IMPLEMENTING ACTS, Article 5] In order to ensure uniform conditions for the implementation of this Regulation laying down detailed provisions concerning the agreed common language, formats and protocols for the issuance of digital qualification attestations across the Union; and the formats of and transfer protocols for transfers of the lists of awarding bodies, accreditations and qualifications included in national qualifications frameworks, and formats and procedures for verifications by relying parties, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17. (30) [SINGLE DIGITAL GATEWAY, Article 16] Regulation (EU) 2018/1724 of the European Parliament and of the Council18 provides for access to online procedures relevant for the functioning of the internal market, including for cross-border users. In order to allow citizens and residents to enjoy directly the benefits of the internal market without incurring an unnecessary additional administrative burden, Annexes I and II to that Regulation should be amended accordingly from the date where the digital qualifications certifications are to be issued in accordance with this Regulation. (31) [CROSS BORDER DIGITAL PUBLIC SERVICES] The digital qualification attestation service constitutes a cross-border digital public services within the meaning 16 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj 17 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). 18 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L295 of 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj). EN 6 EN  of Regulation (EU) 2024/903 of the European Parliament and of the Council19. This Regulation introduces new binding requirements affecting those cross-border digital public service and is therefore subject to the obligation laid down in Article 3 of that Regulation. Accordingly, an interoperability assessment has been carried out and the resulting report is to be published on the Interoperable Europe Portal. (32) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States because no Member State alone is able to ensure interoperability of digitalised information on qualifications but can rather, by reason of effectiveness of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. (33) In order to allow Member States sufficient time to take the necessary measures required for the issuance of digital qualification attestations and the tools for verification thereof, the application of the relevant provisions should be deferred to [entry into force plus 36 months]. (34) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered its opinion on [date]20. HAVE ADOPTED THIS REGULATION: Chapter 1 General provisions Article 1 Subject-matter This Regulation lays down the following rules on portability of qualifications and skills for nationals of Member States moving within the Union for the purpose of employment: (a) common procedures, standards and models for digital qualification attestations; (b) rules on the use of the EUDI Wallet for the purpose of digital qualification attestations; (c) provision of comparable information on qualifications; (d) mutual assistance and cooperation between Member States; (e) provision of information on this Regulation in the Member States. Article 2 Definitions For the purposes of this Regulation, the following definitions apply: 19 Regulation (EU) 2024/903 of the European Parliament and of the Council of 13 March 2024 laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) (OJ L, 2024/903, 22.3.2024, ELI: http://data.europa.eu/eli/reg/2024/903/oj). 20 OJ C , , p. . EN 7 EN  (1) 'qualification' means a formal record of an assessment and validation process which is obtained when a competent body determines that an individual has achieved learning outcomes to given standards; (2) 'digital qualification attestation' means an attestation of a qualification in an electronic form; (3) 'national qualifications framework' means a qualifications framework that is developed by a Member State based on learning outcomes and that is related to the European Qualifications Framework through a referencing process; (4) 'skill' means the ability to apply knowledge and use know-how to complete tasks and solve problems; (5) ‘micro-credentials’ means the record of the learning outcomes that a learner has acquired following a small volume of learning; (6) 'European Digital Identity Wallet' or 'EUDI Wallet' means European Digital Identity Wallet as defined in Article 3, point (42), of Regulation (EU) No 910/2014; (7) 'accreditation' means a formal decision by a recognised authority which has verified that an awarding body meets predefined quality standards; (8) 'awarding body' means an institution or a competent authority in a Member State which is accredited to award a qualification; (9) 'issuer' means an issuer of a digital qualification attestation; (10) ‘relying party’ means relying party as defined in Article 3, point (6), of Regulation (EU) No 910/2014; (11) ‘holder’ is a natural person that has been awarded a qualification by an awarding body. Chapter 2 Digital Qualification Attestations Article 3 Digital qualification attestations in the EUDI Wallets 1. Digital qualification attestations shall be issued to the European Digital Identity Wallets as one of the following: (a) qualified electronic attestations of attributes in accordance with Article 45d, of Regulation (EU) No 910/2014; (b) electronic attestations of attributes issued by or on behalf of a public sector body responsible for an authentic source in accordance with Article 45f, of Regulation (EU) No 910/2014. 2. Member States shall designate the following entities as issuers: (a) qualified trust service providers as defined in Article 3, point (20), of Regulation (EU) No 910/2014; (b) public sector bodies responsible for an authentic source within the meaning of Article 45f, of Regulation (EU) No 910/2014 or other entities acting on their behalf in accordance with that Article. EN 8 EN  3. The issuers shall issue digital qualification attestations in one or more official languages of the Union of the Member States’ choice and in an agreed common language to be established in accordance with paragraph 6. 4. By [date of the entry into force plus 30 months] and in any case no later than the date of the first issuance of a digital qualification attestation, Member States shall communicate to the Commission the lists of the awarding bodies, accreditations and qualifications included in their national qualifications frameworks. Those lists shall include data covering the period from [date of entry into force minus 10 years] to the date of submission of the lists. Member States shall inform the Commission of any changes to those lists without delay. The Commission shall make those lists available to the public. 5. Member States shall ensure that digital qualification attestations are provided, free of charge, to holders of qualifications upon their application for such attestations. 6. By [date of entry into force plus 18 months], the Commission shall adopt implementing acts laying down detailed provisions concerning the agreed common language; formats and protocols for the issuance of digital qualification attestations across the Union; and the formats of and transfer protocols for the lists of awarding bodies, accreditations and qualifications included in national qualifications frameworks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2). Article 4 Digital qualification attestations 1. Member States shall, within the deadlines laid down in this Article, ensure that the qualifications awarded under their jurisdictions are evidenced by digital qualification attestations based on the Union standard specifications laid down in Annex I. 2. The digital qualification attestations shall comply with the data fields specifications laid down in Annex II. This requirement shall not apply to digital qualification attestations issued in accordance with Article 9. 3. Digital qualification attestations shall constitute evidence of qualifications awarded to the holder and shall be valid across the Union. 4. From [entry into force plus 36 months], Member States shall ensure that digital qualification attestations are issued without delay upon request of the qualification holder as the default format for evidencing qualifications which meet the following conditions: (a) they are part of a Member State’s national qualifications framework; (b) they have been awarded after [date of entry into force minus 10 years]. 5. For qualifications awarded between [date of entry into force minus 10 years] and [date of entry into force], Member States shall issue digital qualification attestations upon request of the qualification holder as soon as possible, and in any case no later than within two weeks from receipt of that request; 6. By way of derogation from paragraph 4, for qualifications awarded between [date of entry into force minus 10 years] and [date of entry into force] Member States may limit the issuance of digital qualification attestations to cases in which the EN 9 EN  qualification holder provides evidence that the purpose of the use of digital qualification attestations is the pursuit of employment in another Member State. 7. Member States may issue digital qualification attestations before [date of the entry into force plus 36 months] for qualifications meeting the conditions laid down in paragraphs 4 and 5. 8. From [date of entry into force plus 36 months], Member States shall issue digital qualification attestations evidencing qualifications awarded in the period between [date of entry into force minus 45 years] and [date of entry into force minus 10 years] in accordance with Article 9. 9. This Article does not apply to qualifications referenced at Level 1 of the framework set out in Annex III (the ‘European Qualifications Framework’). 10. The Commission is empowered to adopt delegated acts, in accordance with Article 14, to amend Annexes I, II and III to take account of technical, operational or scientific developments. Article 5 Issuance of digital qualification attestations 1. The holders of qualifications may request the issuance of a digital qualification attestation to evidence qualifications awarded to them. 2. Digital qualification attestations shall be issued to the European Digital Identity Wallets of the holders of qualifications who meet the following conditions: (a) they have been awarded a qualification from an awarding body accredited to award such a qualification and listed in the list of awarding bodies referred to in Article 3(4); (b) they hold an active European Digital Identity Wallet; (c) they request the issuance of a digital qualification attestation. Article 6 Revocation and suspension of a digital qualification attestation 1. The issuer shall refuse to issue a digital qualification attestation to holders whose qualification is withdrawn or suspended. 2. Where the issuer is informed that the qualification corresponding to a digital qualification attestation has been withdrawn or suspended by an awarding body or another competent authority, the issuer shall revoke or suspend that attestation. Where an issuer revokes or suspends a digital qualification attestation, it shall make the information of that revocation or suspension accessible to relying parties across the Union within 24 hours after the receipt of the request for revocation or suspension. 3. Issuers shall maintain information on revocation and suspension of a digital qualification attestation and make it available to relying parties. 4. A digital qualification attestation that has been revoked shall not constitute evidence of qualifications awarded to the holder. EN 10 EN  5. A suspended digital qualification attestation shall not constitute evidence of qualifications awarded to the holder for the duration of the suspension. 6. A digital qualification attestation shall be considered as revoked or suspended until the person concerned complies with any of the following conditions laid down by the Member State in the territory of which the qualification was awarded: (a) conditions for the recovery of the qualification; (b) conditions to be able to apply for a new digital qualification attestation. Article 7 Verification by relying parties 1. No later than [entry into force plus 36 months], Member States shall provide a digital verification tool that enables relying parties to verify that: (i) the digital qualification attestation was issued by an issuer referred to in Article 3(2); (ii) the qualification evidenced by the digital qualification attestation was awarded by an awarding body accredited at the time of the award; (iii) the digital qualification attestation has not been tampered with since it was issued; (iv) the digital qualification attestation has not been suspended or revoked. 2. By [date of entry into force plus 18 months], the Commission shall adopt implementing acts laying down formats and procedures for verification by relying parties in accordance with paragraph 1. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2). This Regulation does not oblige relying parties to request or verify digital qualification attestations. Article 8 Provision of comparable information on qualifications 1. Member States shall provide information on the qualifications, awarding bodies and accreditations as referred to in Article 3(4) to the Europass online platform as follows: (a) the information shall be presented in the semantic model laid down in point 2 of Annex I; (b) the minimum data requirements laid down in Annex IV shall be met; (c) for the description of qualifications, skills terminology from the European classification of skills and occupations (ESCO) shall be used to the extent possible. Member States shall submit updates of the information referred to in the first subparagraph in real time to the extent possible, and in any case at least each month. 2. The Commission is empowered to adopt delegated acts, in accordance with Article 14, to amend Annex IV to take account of technical, operational or scientific developments. EN 11 EN  3. National qualifications frameworks shall include all qualifications awarded under the jurisdiction of a Member State and be kept up to date. To the extent possible, Member States shall include micro-credentials in their national qualifications frameworks. 4. Member States shall use the European Qualifications Framework to reference national qualifications frameworks or systems and to allow comparison of all types and levels of qualifications in the Union that are part of national qualifications frameworks or systems in particular by referencing their qualification levels to levels of the European Qualifications Framework. 5. Member States shall review and update, when needed, the referencing of the levels of the national qualifications frameworks or systems to the levels of the European Qualifications Framework. 6. The Commission shall provide a digital tool to facilitate an automated comparison of qualifications listed in national qualifications frameworks referenced to the European Qualifications Framework and make it available through the Europass platform. Article 9 Qualifications awarded before digitalisation of qualifications 1. For the qualifications awarded in the period between [date of entry into force minus 45 years] and [date of entry into force minus 10 years], Member States shall ensure that, upon request of a qualification holder, a digital qualification attestation is issued within a reasonable time, and in any case no later than within two weeks from the receipt of the request from the qualification holder, on the basis of existing evidence verified by the issuer. 2. Member States may limit the issuance of digital qualification attestations in accordance with paragraph 1 to cases in which a qualification holder provides evidence that the purpose of the use of the digital qualification attestation is the pursuit of employment in another Member State. 3. For the purposes of paragraph 1, the issuers may make use of: (a) verification measures provided by Member States in accordance with Annex VI to Regulation (EU) No 910/2014; (b) procedures, assistance and problem-solving services laid down by Regulation (EU) 2018/1724. 4. For digital qualification attestations to be issued under this Article, Member States shall use the Union standard specifications for data fields laid down in Annex V. 5. The Commission is empowered to adopt delegated acts, in accordance with Article 14, to amend Annex V to take account of technical, operational or scientific developments. Chapter 3 Implementation Article 10 Information on the digital qualification attestations EN 12 EN  No later than [date of the entry into force of this Regulation plus 30 months] and in any case no later than the date of first issuance of digital qualification attestations in accordance with Article 4(4), each Member State shall make publicly available information concerning digital qualification attestations . Article 11 Qualifications Digitalisation Group 1. A group on digitalisation of qualifications (the ‘Qualifications Digitalisation Group’) is established to facilitate cross-border cooperation and exchange of information on issues related to the implementation of this Regulation, including trust services, European Digital Identity Wallet, notified electronic identification schemes, semantic model and digital qualification attestations, and to take all necessary steps to ensure that the information exchanged is up-to-date. 2. The Qualifications Digitalisation Group shall be composed of representatives appointed by each Member State. The Qualifications Digitalisation Group shall be chaired by the Commission. The Commission shall provide the Qualifications Digitalisation Group’s Secretariat. 3. The Qualifications Digitalisation Group shall have the following tasks: (a) support the consistent implementation of this Regulation by facilitating coordination and project management, the exchange of information and the promotion of best practices across Member States as well as developing guidelines to support enforcement; (b) support the development and operation of electronic data exchanges in accordance with this Regulation; (c) provide recommendations to Member States, where appropriate, on further digitalisation of qualifications. 4. The Qualifications Digitalisation Group shall cooperate, when relevant, with the European Digital Identity Cooperation Group referred to in Article 46, point (e), of Regulation (EU) No 910/2014. 5. The Qualifications Digitalisation Group shall adopt its rules of procedure and meet at least annually until [five years after the entry into force of this Regulation]. Article 12 Data protection 1. Personal data shall be processed in the context of this Regulation only in so far as it is necessary for issuance and verification of digital qualification attestations in accordance with Chapter 2. 2. Personal data processed in the context of this Regulation shall be retained no longer than [45] years. EN 13 EN  Chapter 4 Final provisions Article 13 Reporting and review 1. By [[48] months from the date of the entry into force of this Regulation], and every year thereafter, Member States shall submit to the Commission the following data concerning the past 12 months: (a) the number of digital qualification attestations issued, revoked and suspended; (b) the share of qualifications issued in the form of digital qualification attestations among all qualifications awarded; (c) the number of relying parties registered to access digital qualification attestations. 2. By [48] months from the date of the entry into force of this Regulation], and every two years thereafter, Member States shall submit a report to the Commission on the application of this Regulation. The report shall include: (a) the data referred to in paragraph 1; (b) the information on respective average processing time of a request for issuance of a digital qualification attestation in accordance with Article 4(5) and Article 9. Member States shall collect feedback from holders of qualifications, employers, awarding institutions, issuers, recognition authorities for regulated professions and other stakeholders necessary for preparing the report as laid down in this paragraph. 3. The information submitted to the Commission in accordance with paragraphs 1 and 2 shall not include personal data. 4. By [the same date as the date of application plus five years], the Commission shall review and evaluate the application of this Regulation and shall present a report to that effect to the European Parliament and the Council. 5. Where appropriate, the Commission shall submit relevant legislative proposals. Article 14 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4(10), Article 8(2) and Article 9(5) shall be conferred on the Commission for an indeterminate period from [date of entry into force]. 3. The delegation of power referred to in Article 4(10), Article 8(2) and Article 9(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. EN 14 EN  4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 4(10), Article 8(2) and Article 9(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. Article 15 Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Article 16 Amendment of Regulation (EU) 2018/1724 Regulation (EU) 2018/1724 is amended as follows: (1) In the table of Annex I at the level of 'B. Work and retirement within the Union' as Area, in the second column, point 3 is replaced by the following: “verification, comparison and recognition, where appropriate, of qualifications with a view to pursue employment in another Member States”. (2) In the table of Annex II at the level of 'Working' as Life Event, the following row is added in the second and third columns: ‘Requesting proof of qualification for the issuance of a digital qualification attestation referred to in Article 9 of Proof of a qualification Regulation (EU)…of the European Parliament and of the Council* *Regulation (EU) .../... of the European Parliament and of the Council of ... on ... (OJ ...).’. Article 17 Entry into force [and application] This Regulation shall enter into force on the [twentieth] day following that of its publication in the Official Journal of the European Union. [Articles […] and 16 shall apply from [entry into force plus 36 months]. EN 15 EN  This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, For the European Parliament For the Council The President The President [...] [...] EN 16 EN  LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT Contents 1. FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 3 1.1. Title of the proposal/initiative ...................................................................................... 3 1.2. Policy area(s) concerned .............................................................................................. 3 1.3. Objective(s) .................................................................................................................. 3 1.3.1. General objective(s) ..................................................................................................... 3 1.3.2. Specific objective(s) ..................................................................................................... 3 1.3.3. Expected result(s) and impact ...................................................................................... 3 1.3.4. Indicators of performance ............................................................................................ 4 1.4. The proposal/initiative relates to: ................................................................................. 4 1.5. Grounds for the proposal/initiative .............................................................................. 4 1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative ............................................................ 4 1.5.2. Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone. ................................................................................. 5 1.5.3. Lessons learned from similar experiences in the past .................................................. 5 1.5.4. Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments ....................................................................................... 6 1.5.5. Assessment of the different available financing options, including scope for redeployment ................................................................................................................ 6 1.6. Duration of the proposal/initiative and of its financial impact .................................... 7 1.7. Method(s) of budget implementation planned ............................................................. 7 2. MANAGEMENT MEASURES................................................................................... 9 2.1. Monitoring and reporting rules .................................................................................... 9 2.2. Management and control system(s) ............................................................................. 9 2.2.1. Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed .................. 9 2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them............................................................................................................ 9 2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure) ........................................... 9 2.3. Measures to prevent fraud and irregularities ................................................................ 9 3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 11 EN 1 EN  3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected ....................................................................................................................... 11 3.2. Estimated financial impact of the proposal on appropriations ................................... 12 3.2.1. Summary of estimated impact on operational appropriations.................................... 12 3.2.1.1. Appropriations from voted budget ............................................................................. 12 3.2.1.2. Appropriations from external assigned revenues ........Error! Bookmark not defined. 3.2.2. Estimated output funded from operational appropriations......................................... 18 3.2.3. Summary of estimated impact on administrative appropriations ............................... 20 3.2.3.1. Appropriations from voted budget .............................................................................. 20 3.2.3.2. Appropriations from external assigned revenues ........Error! Bookmark not defined. 3.2.3.3. Total appropriations ....................................................Error! Bookmark not defined. 3.2.4. Estimated requirements of human resources.............................................................. 20 3.2.4.1. Financed from voted budget....................................................................................... 21 3.2.4.2. Financed from external assigned revenues .................Error! Bookmark not defined. 3.2.4.3. Total requirements of human resources ......................Error! Bookmark not defined. 3.2.5. Overview of estimated impact on digital technology-related investments ................ 23 3.2.6. Compatibility with the current multiannual financial framework.............................. 24 3.2.7. Third-party contributions ........................................................................................... 25 3.3. Estimated impact on revenue ..................................................................................... 25 4. DIGITAL DIMENSIONS ...........................................Error! Bookmark not defined. 4.1. Requirements of digital relevance ...............................Error! Bookmark not defined. 4.2. Data .............................................................................Error! Bookmark not defined. 4.3. Digital solutions ..........................................................Error! Bookmark not defined. 4.4. Interoperability assessment .........................................Error! Bookmark not defined. 4.5. Measures to support digital implementation ...............Error! Bookmark not defined. EN 2 EN  1. FRAMEWORK OF THE PROPOSAL/INITIATIVE 1.1. Title of the proposal/initiative Proposal for a Regulation of the European Parliament and of the Council on portability of qualifications and skills and amending Regulation (EU) 2018/1724 (‘Skills Portability Act’) 1.2. Policy area(s) concerned Internal Market: Free movement of persons, labour mobility Digitalisation of public administrations 1.3. Objective(s) 1.3.1. General objective(s) Facilitating portability of qualifications and skills between Member States in the context of free movement of workers. Ensuring access to simplified, effective and cost-efficient ways to carry, prove, read, understand and compare qualifications and skills obtained in another Member State. 1.3.2. Specific objective(s) Specific objective 1 Ensuring that labour market actors have access to reliable and comparable information on skills and qualifications issued in the EU. Specific objective 2 Ensuring that labour market actors in the EU can benefit from interoperable and verifiable digital attestations of qualifications and skills. 1.3.3. Expected result(s) and impact Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. The Skills Portability Act is expected to generate benefits by facilitating the verification and presentation of qualifications across borders, and improving the transparency and trustworthiness of qualifications through interoperable digital attestations. Workers will benefit from being able to store and present verifiable digital attestations through the European Digital Identity (EUDI) Wallet, reducing the need for comparability statements of qualifications and making it easier and cheaper to demonstrate their qualifications when seeking employment in another Member State. In addition to reducing costs, the proposal is expected to simplify administrative procedures, shorten the time needed to demonstrate qualifications across borders and facilitate labour mobility. Employers will benefit from faster and more reliable verification of qualifications through EUDI Wallet-compatible digital qualification attestations, easier access to official and comparable information on qualifications across Member States, and lower administrative costs when recruiting workers from abroad. The proposal is expected to be particularly valuable for Small and Medium sized Enterprises (SMEs)s, which often lack dedicated human resources to assess non-national qualifications and would gain access to reliable information and automated verification tools. EN 3 EN  Awarding bodies and issuers of qualifications will benefit from fewer requests to verify the authenticity of qualifications, as digital attestations enable automatic verification by employers and other labour market actors. This is expected to generate administrative savings, reduce routine administrative workload and allow institutions to focus resources on their core educational activities. Indirect benefits can also be expected: as the action contributes positively to the functioning of the internal market and EU competitiveness: it is expected to facilitate cross-border hiring with some effect on skills mismatches and improved labour market allocation. 1.3.4. Indicators of performance Specify the indicators for monitoring progress and achievements. The Commission will carry out monitoring in cooperation with the Member States designed to monitor the implementation and evaluate the initiative’s impact, ensuring that it remains fit for purpose and achieve the intended objectives. The monitoring framework will include output, result and impact indicators. It will rely on annual information submitted by Member States on the number of digital qualification attestations issued, revoked and suspended, the share of qualifications issued in the form of digital qualification attestations in all qualifications awarded annually, and the number of relying parties registered to access digital qualification attestations; biennial reports by Member States on the application of the Regulation, including information on the average processing time for requests for issuance of digital qualification attestations and feedback collected from workers, holders of qualifications, employers, awarding institutions, issuers, recognition authorities for regulated professions and other relevant stakeholders. 1.4. The proposal/initiative relates to:  a new action  a new action following a pilot project / preparatory action21  the extension of an existing action  a merger or redirection of one or more actions towards another/a new action 1.5. Grounds for the proposal/initiative 1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative Member States will start the application 36 months from the date of entry into force of the Regulation. The proposal provides for four implementing acts to be adopted by the Commission no later than within 18 months from the date of adoption of this Regulation. The implementing acts will lay down detailed provisions concerning the agreed common language; interoperability of digital qualification attestation across the Union; the lists of awarding bodies, accreditations and qualifications included in national qualifications frameworks for issuing and verifying digital qualification attestations; and finally the detailed rules on verification processes, verification 21 As referred to in Article 58(2), point (a) or (b) of the Financial Regulation. EN 4 EN  features and the interface with national systems. 1.5.2. Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone. Reasons for action at EU level (ex-ante) The free movement of people is a fundamental principle of the European Union. Barriers related to qualifications and skills are one factor hindering individuals to make full use of their free movement rights and to work in another Member State. Without improved information on qualifications and skills obtained in other Member States and tools facilitating effectively the portability of such qualifications and skills, businesses and workers face difficulties when considering opportunities across the EU. Given the cross-border nature of these problems, effective solutions are best pursued at the EU level to allow for interoperability across Member States instead of 27 different national frameworks and systems, thereby reducing fragmentation and administrative burdens by facilitating the cross-border use and recognition of digital qualification attestations. Expected generated EU added value (ex-post) The proposal is expected to generate EU added value by enhancing the availability of digital qualification attestations that are easily accessible to workers as holders of qualifications and to their potential employers. In the case of regulated professions, in accordance with Directive 2005/36/EC, they will also be accessible to the recognition authorities in Member States. Employers will also have access to tools enabling better understanding and comparison of qualifications issued in different Member States. A common legal and technical framework underpinning the digitalisation of qualifications will allow digital qualification attestations issued in another Member State to become more trustworthy, easier to verify and better understood across the EU. This in turn can make job applications less cumbersome and facilitate smoother access to jobs in all Member States. Overall, the expected added value of this action will be greater portability of qualifications and skills. 1.5.3. Lessons learned from similar experiences in the past The Skills Portability Act builds on existing tools such as the European Qualifications Framework and the Europass Framework, which were the subject of evaluations22 in 2024. The European Qualifications Framework was found to be well-suited to promote the transparency, comparability and portability of qualifications across the EU. All 27 Member States have referenced their national qualifications frameworks (NQFs) or systems to the EQF. However, ensuring that National Qualifications Frameworks and 22 COM/2024/135 final - Report from the Commission to the European Parliament and the Council on the implementation and impact of Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (Europass) and SWD(2024)142 - Commission Staff Working Document Executive Summary of the Evaluation of the Council Recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning EN 5 EN  databases and registers of qualifications are updated and connected to the Europass platform is mentioned as an area for improvement. Europass was found to facilitate mobility for work and study in the EU, by presenting knowledge, skills, and competences in a standardised format. However, further efforts are needed in developing qualification and learning opportunity databases and registers that should link to the Europass platform via the Qualifications Dataset Register. Moreover, to test the use of the EUDI wallet in relation to the issuance, storage and presentation of verifiable digital credentials through wallet-based solutions for educational qualifications and learning achievements, the Digital Credentials for the European Union (DC4EU) was conducted as a large-scale pilot project. The pilot confirmed the potential efficiency gains from digital credentials, while also illustrating the risk of fragmentation if Member States proceed with different technical solutions in the absence of common standards. 1.5.4. Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments This proposal is compatible with the Multiannual Financial Framework 2028-2034 as proposed by the Commission. The proposal creates synergies with existing Union instruments and policies. It builds on the European Digital Identity framework and the eIDAS Regulation through the use of interoparble digital attestations for qualifications and skills and the trusted framework for exchanges. The proposal includes also an amendment of Regulation (EU) 2018/1724 to allow for the use of solutions based on the Single Digital Gateway and the Once-Only Technical System. Finally, this proposal supports a proposal to review the Professional Qualifications Directive under Skills Portability Initiative, which aims to facilitate recognition procedures under the Professional Qualifications Directive through the provision of interoperable digitial qualification attestations. 1.5.5. Assessment of the different available financing options, including scope for redeployment This proposal builds on the financial envelope proposed under the Erasmus+ programme and European Competitiveness Fund under Heading 2 of the Multiannual Financial Framework 2028-2034, subject to its adoption and the EU annual budgetary procedure. EN 6 EN  1.6. Duration of the proposal/initiative and of its financial impact  limited duration –  in effect from [DD/MM]YYYY to [DD/MM]YYYY –  financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations.  unlimited duration – Implementation with a start-up period from 2028 to 2034, – followed by full-scale operation. 1.7. Method(s) of budget implementation planned23  Direct management by the Commission –  by its departments, including by its staff in the Union delegations; – by the executive agencies  Shared management with the Member States  Indirect management by entrusting budget implementation tasks to: –  third countries or the bodies they have designated –  international organisations and their agencies (to be specified) –  the European Investment Bank and the European Investment Fund –  bodies referred to in Articles 70 and 71 of the Financial Regulation –  public law bodies –  bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees –  bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees –  bodies or persons entrusted with the implementation of specific actions in the common foreign and security policy pursuant to Title V of the Treaty on European Union, and identified in the relevant basic act – bodies established in a Member State, governed by the private law of a Member State or Union law and eligible to be entrusted, in accordance with sector-specific rules, with the implementation of Union funds or budgetary guarantees, to the extent that such bodies are controlled by public law bodies or by bodies governed by private law with a public service mission, and are provided with adequate financial guarantees in the form of joint and several liability by the controlling bodies or equivalent financial guarantees and which may be, for each action, limited to the maximum amount of the Union support. Comments 23 Details of budget implementation methods and references to the Financial Regulation may be found on the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget- implementation/Pages/implementation-methods.aspx. EN 7 EN  This proposal is foreseen to be implemented by the Commission’s department from 2028 onwards. The additional staff needed to implement this proposal is assessed at 6 Full Time Equivalents. Part of the proposal might be implemented by an executive agency, in particular under the proposed European Competitiveness Fund. EN 8 EN  2. MANAGEMENT MEASURES 2.1. Monitoring and reporting rules Monitoring of performance will focus on the extent to which the proposal succeeds in increasing the availability, uptake and use of digital qualification attestations, improving the efficiency of issuing and accessing such attestations, and supporting the cross-border verification and recognition of qualifications. The monitoring framework will include output, result and impact indicators measuring. The Commission will carry out monitoring in cooperation with the Member States. Monitoring will rely on annual information submitted by Member States on the number of digital qualification attestations issued, revoked and suspended, the share of qualifications issued in the form of digital qualification attestations in all qualifications awarded annually, and the number of relying parties registered to access digital qualification attestations; biennial reports by Member States on the application of the Regulation, including information on the average processing time for requests for issuance of digital qualification attestations. 2.2. Management and control system(s) 2.2.1. Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed Direct management, as per article 62.1(a) of the Financial Regulation, is the preferred mode of implementation, as the actions will be carried out by the European Commission, more specifically the Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL), which will ensure the coordination with Member States and various stakeholders. 2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them The controls are part of the internal control system of DG EMPL. The new activities will be subject to the same risk identification and mitigation approach. 2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure) The controls are integrated into the internal control system of DG EMPL. The new activities will generate negligeable additional control costs at DG level. 2.3. Measures to prevent fraud and irregularities The Commission shall ensure that, when actions financed are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties. The Commission is authorised to carry out checks and verifications in situ under this Decision, in compliance with Council Regulation (Euratom, EC) No. 2185.96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Union’s financial interests against fraud and other irregularities. If need be, investigations shall be carried out by the European Anti- Fraud Office and shall be governed by Regulation (EC) No. 1073/1999 of the EN 9 EN  Eureopan Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office. EN 10 EN  3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the 2028-2034 Multiannual Financial Framework (MFF). The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the 2028-2034 MFF and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative. 3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected • Existing budget lines In order of multiannual financial framework headings and budget lines. Contribution - to be determined at later stage for Type of Budget line expenditure EFTA, (potential) candidate countries and third countries Heading of from multiannual candidate financial from From Number countries framework Diff./Non- EFTA other other assigned and diff.24 countries third revenue 25 potential countries candidates 26 To be determined after the adoption of the MFF and in the context of the annual 2 budgetary procedure – successor of 07 03 Diff. YES/NO YES/NO YES/NO NO 02 – Erasmus+ To be determined after the adoption of the MFF and in the context of the annual budgetary procedure – European 2 Competitiveness Fund Diff. YES YES YES YES 24 Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 25 EFTA: European Free Trade Association. 26 Candidate countries and, where applicable, potential candidates from the Western Balkans. EN 11 EN  3.2. Estimated financial impact of the proposal on appropriations 3.2.1. Summary of estimated impact on operational appropriations –  The proposal/initiative does not require the use of operational appropriations –  The proposal/initiative requires the use of operational appropriations, as explained below 3.2.1.1. Appropriations from voted budget EUR million (to three decimal places) Heading of multiannual financial framework Number 2 - Competitiveness, prosperity and security Year Year Year Year Year Year Year DG: EMPL 2034 and TOTAL MFF 2028-2034 2028 2029 2030 2031 2032 2033 subsequent years Operational appropriations Commitments (1a) 0.500 1.200 1.100 0.815 0.815 0.815 0.815 6.060 Erasmus+ Payments (2a) 0.500 1.200 1.100 0.815 0.815 0.815 0.815 6.060 Commitments (1b) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. European Competitiveness Fund Payments (2b) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. 27 Appropriations of an administrative nature financed from the envelope of specific programmes Budget line (3) 0 0 0 0 0 0 0 0 TOTAL appropriations Commitments =1a+1b+3 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. for DG EMPL Payments =2a+2b+3 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. 27 Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research. EN 12 EN  This proposal builds on two financial envelopes that work in synergy: Erasmus+ and the European Competitiveness Fund (ECF) for skills development and for the objective of implementing the Union of Skills, including making use of EU digital identity wallets. Year Year Year Year Year Year Year TOTAL 2034 and MFF 2028- 2028 2029 2030 2031 2032 2033 subsequent 2034 years TOTAL operational Commitments (4) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. appropriations Payments (5) p.m p.m. p.m. p.m. p.m. p.m. p.m. p.m. TOTAL appropriations of an administrative nature financed from the (6) 0 0 0 0 0 0 0 0 envelope for specific programmes TOTAL appropriations Commitments =4+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. under HEADING 2 of the multiannual Payments =5+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. financial framework Year Year Year Year Year Year Year TOTAL 2034 and MFF 2028 2029 2030 2031 2032 2033 subsequent 2028-2034 years • TOTAL operational Commitments (4) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. appropriations (all operational Payments (5) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. headings) • TOTAL appropriations of an (6) 0 0 0 0 0 0 0 0 administrative nature financed from EN 13 EN  the envelope for specific programmes (all operational headings) TOTAL appropriations Commitments =4+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. Under Heading 1 to 3 of the multiannual financial framework Payments =5+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. (Reference amount) EN 14 EN  Heading of multiannual financial framework 4 ‘Administrative expenditure’28 Year Year Year Year Year Year Year TOTAL DG: EMPL MFF 2028 2029 2030 2031 2032 2033 2034 2028-2034  Human resources 1.568 1.568 1.568 1.568 1.568 1.568 1.568 10.976  Other administrative expenditure 0 0 0 0 0 0 0 0 TOTAL DG EMPL Appropriations 1.568 1.568 1.568 1.568 1.568 1.568 1.568 10.976 (Total TOTAL appropriations under HEADING 4 of commitments 1.568 1.568 1.568 1.568 1.568 1.568 1.568 10.976 the multiannual financial framework = Total payments) 28 The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage. EN 15 EN  The staff needed to implement this proposal has been assessed at 9 full time equivalent (FTE), of which 3 AD and 2 contract agents are redeployed from existing staff in the DG, 3 AD and1 AST are to be covered by the redeployment pool of the Commission. EN 16 EN  EUR million (to three decimal places) Year Year Year Year Year Year Year TOTAL MFF 2028- 2028 2029 2030 2031 2032 2033 2034 2034 TOTAL appropriations under Commitments p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. HEADINGS 1 to 4 of the multiannual financial framework Payments p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. EN 17 EN  3.2.2. Estimated output funded from operational appropriations (not to be completed for decentralised agencies) Commitment appropriations in EUR million (to three decimal places) Year Year Year Year Year Year Year TOTAL 2028 2029 2030 2031 2032 2033 2034 Indicate objectives OUTPUTS and outputs Type Aver Total Total No No No No No No No 29  age Cost Cost Cost Cost Cost Cost Cost No cost cost Specific objectives 1 and 2 - Output Activ 1 0.500 1 1.200 1 1.100 1 0.815 1 0.81 1 0.815 1 0.815 7 6.060 ities 5 funde d under Eras mus+ 30 29 Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 30 This includes mainly work on Europass (comparison tool, back office to connect databases on qualifications, accreditation and awarding bodies). EN 18 EN  - Output Activ 1 0 1 p.m. 1 p.m. 1 p.m. 1 1 p.m. 1 p.m. 7 p.m. ities funde d under the Euro pean Com petiti venes s Fund 31 Subtotal for specific 1 p.m. 1 p.m. 1 p.m. 1 p.m. 1 p.m. 1 p.m. 1 p.m. 7 p.m. objectives TOTALS 1 p.m. 1 p.m. 1 0p.m. 1 p.m. 1 p.m. 1 p.m. 1 p.m. 7 p.m. 31 These include activities such as supporting Member States in setting up the trust framework needed for the digitalisation of qualifications in line with the eIDAS Regulation under the EUDI Wallet (i.e. national registries of qualifications, awarding bodies and accreditations), putting in place the verification software and preparing the digital issuing infrastructure for qualifications. EN 19 EN  3.2.3. Summary of estimated impact on administrative appropriations –  The proposal/initiative does not require the use of appropriations of an administrative nature –  The proposal/initiative requires the use of appropriations of an administrative nature, as explained below 3.2.3.1. Appropriations from voted budget Year Year Year Year Year Year Year TOTAL 2028 - VOTED APPROPRIATIONS 2028 2029 2030 2031 2032 2033 2034 2034 HEADING 4 Human resources 1.568 1.568 1.568 1.568 1.568 1.568 1.568 10.976 Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Subtotal HEADING 4 1.568 1.568 1.568 1.568 1.568 1.568 1.568 10.976 Outside HEADING 4 Human resources 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Other expenditure of an administrative 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 nature Subtotal outside HEADING 4 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 TOTAL 1.568 1.568 1.568 1.568 1.568 1.568 1.568 10.976 The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together, if necessary, with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints. The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the 2028-2034 Multiannual Financial Framework (MFF). The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the 2028-2034 MFF and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative. 3.2.4. Estimated requirements of human resources –  The proposal/initiative does not require the use of human resources –  The proposal/initiative requires the use of human resources, as explained below EN 20 EN  3.2.4.1. Financed from voted budget Estimate to be expressed in full-time equivalent units (FTEs)32 Year Year Year Year Year Year Year VOTED APPROPRIATIONS 2034 and 2028 2029 2030 2031 2032 2033 subsequent years  Establishment plan posts (officials and temporary staff) 20 01 02 01 (Headquarters and Commission’s 7 7 7 7 7 7 7 Representation Offices) 20 01 02 03 (EU Delegations) 0 0 0 0 0 0 0 (Indirect research) 0 0 0 0 0 0 0 (Direct research) 0 0 0 0 0 0 0 Other budget lines (specify) 0 0 0 0 0 0 0 • External staff (inFTEs) 20 02 01 (AC, END from the ‘global envelope’) 2 2 2 2 2 2 2 20 02 03 (AC, AL, END and JPD in the EU Delegations) 0 0 0 0 0 0 0 Admin. Support line • at Headquarters 0 0 0 0 0 0 0 [XX.01.YY.YY] • in EU Delegations 0 0 0 0 0 0 0 (AC, END - Indirect research) 0 0 0 0 0 0 0 (AC, END - Direct research) 0 0 0 0 0 0 0 Other budget lines (specify) - Heading 4 0 0 0 0 0 0 0 32 Please specify below the table how many FTEs within the number indicated are already assigned to the management of the action and/or can be redeployed within your DG and what are your net needs. EN 21 EN  Other budget lines (specify) - Outside Heading 4 0 0 0 0 0 0 0 TOTAL 9 9 9 9 9 9 9 The staff required to implement the proposal (in FTEs): To be covered by Exceptional additional staff* current staff available in the Commission services To be financed To be financed To be financed under Heading 4 from BA line from fees or Research Establishment 6 AD and 1 AST N/A N/A plan posts External staff 2 CA N/A N/A (CA, SNEs, INT) * 5 staff (3 AD, 2 CA) will be redeployed from existing staff in the DG to work on the implementation of the Skills Portability Act, but the implementation of this entirely new initiative will require 4 additional staff (3 AD, 1 AST) from the redeployment pool of the Commission The tasks related to the implementation include the oversight and coordination of the project, the management of the Qualifications Digitalisation Group, the digital implementation of the Regulation, the monitoring and future reporting of the Regulation, as well as the policy steer. . The implementation of the regulation will require the drafting of several implementing acts (with the bulk of the work expected to take place within 18 months of the adoption) and the adoption of the implementing acts as soon as possible to allow Member States to prepare the entry into force of the regulation on time. This will require also technical work (including IT development) and technical support to ensure that Member States are ready for implementation within the legal deadline. After these initial years, staff will be needed to continue providing support in the implementation of the Member States, updating the implementing acts and preparing delegated acts when necessary, as well as monitoring and enforcement of the EN 22 EN  regulation’s implementation. Throughout the entire period, staff will be needed for the running of governance, communication and awareness-raising activities, and technical support for the Member States. The Skills Portability Act, will require investing in IT solutions that will support its implementation (e.g. supplying a reference application to verify whether a digitalised qualification has not been forged since its issuance, improving the IMI solution to better support recognition of qualifications in the domain of regulated professions). To support the policy units in the implementation of these IT activities, besides the requested IT budget that will be used to procure the IT activities (e.g. acquisition of IT service providers, or full outsourcing). Additional staff is required, to cover all project management related tasks (i.e. planning the work, drafting the project charter, managing a team of IT service providers, monitoring and controlling the work plan and deliverables, etc.). Description of tasks to be carried out by: Officials and temporary staff 1 AST for IT unit to cover all project management related tasks (i.e. planning the work, drafting the project charter, managing a team of IT service provicers, monitoring and controlling the work plans vs deliverables, etc.). 6 AD to draft the implemention acts, to provide for technical support to Member States, to run the Qualifications Digitalisation Grouop, to implement communication and awareness raising activities. Oversight and coordination of the project for the digital implementation of the Regulation, the monitoring and future reporting of the Regulation, as well as policy steer. External staff To second the 6 AD in all their tasks. 3.2.5. Overview of estimated impact on digital technology-related investments Compulsory: the best estimate of the digital technology-related investments entailed by the proposal/initiative should be included in the table below. Exceptionally, when required for the implementation of the proposal/initiative, the appropriations under Heading 4 should be presented in the designated line. The appropriations under Headings 1-3 should be reflected as “Policy IT expenditure on operational programmes”. This expenditure refers to the operational budget to be used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation of the initiative and their associated investments (e.g. licences, studies, data storage etc). The information provided in this table should be consistent with details presented under Section 4 “Digital dimensions”. EN 23 EN  TOTAL Digital and IT Year Year Year Year Year Year Year TOTAL MFF appropriations 2028 - 2034 2028 2029 2030 2031 2032 2033 2034 HEADING 4 IT expenditure (corporate) 0 0 0 0 0 0 0 0 Subtotal HEADING 4 0 0 0 0 0 0 0 0 Outside HEADING 4 Policy IT expenditure on 0.5 p.m. p.m. p.m. p.m. p.m. p.m. p.m. operational programmes Subtotal outside HEADING 4 0.5 p.m. p.m. p.m. p.m. p.m. p.m. p.m. TOTAL 0.5 p.m. p.m. p.m. p.m. p.m. p.m. p.m. 3.2.6. Compatibility with the current multiannual financial framework The proposal/initiative: –  can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF) –  requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation –  requires a revision of the MFF EN 24 EN  3.2.7. Third-party contributions The proposal/initiative: –  does not provide for co-financing by third parties –  provides for the co-financing by third parties estimated below: Appropriations in EUR million (to three decimal places) Year Year Year Year Year Year Year Total 2028 2029 2030 2031 2032 2033 2034 Specify the co-financing body p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. EEA EFTA countries TOTAL appropriations p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. co-financed 3.3. Estimated impact on revenue –  The proposal/initiative has no financial impact on revenue. –  The proposal/initiative has the following financial impact: –  on own resources –  on other revenue –  please indicate, if the revenue is assigned to expenditure lines EUR million (to three decimal places) EN 25 EN  Appropriations available Impact of the proposal/initiative33 Budget revenue line: for the current financial year Year 2028 Year 2029 Year 2030 Year 2031 Year 2032 Year 2033 Year 2034 Article …………. For assigned revenue, specify the budget expenditure line(s) affected. Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information). 4. DIGITAL DIMENSIONS 4.1. Requirements of digital relevance If the policy initiative is assessed as having no requirement of digital relevance: Justification of why digital means cannot be used to enhance policy implementation and why the ‘digital by default’ principle is not applicable N/A Otherwise: High-level description of the requirements of digital relevance and related categories (data, process digitalisation & automation, digital solutions and/or digital public services) Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement Issuing authorities in the Issuance of digital Data Member States shall designate issuers Article 3 (1-3) Member States: credentials who shall issue digital qualification Digital public attestations within the European o Qualified trust service 33 In the case of traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 10 % for collection costs, as proposed in COM(2025)574. EN 26 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement Digital Identity Wallet as: service providers Process as defined in digitalisation & • Qualified Electronic Article 3, point 20 automation Attestation of Attributes in of Regulation (EU) accordance with Article 45(d) Digital solution No 910/2014; of Regulation (EU) No o Public sector 910/2014; bodies responsible • An electronic attestation of for an authentic attributes issued by or on source or other behalf of a public sector body entities acting on responsible for an authentic their behalf. source in accordance with Article 45(f) in that Regulation. Digital qualification attestations shall be issued in one or more official languages of the Union of their choice plus a mutually‑agreed common language. Data Member States should transmit to the Process Commission up‑to‑date lists of Member States digitalisation & Preparation, updating and Article 3 (4) awarding bodies, accreditations and automation European Commission transmission of trusted lists qualifications (covering the previous ten years). Digital solution EN 27 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement Data Holders of qualifications must be able Digital public Identity check/matching of to retrieve digital qualification EU citizens and EU service wallet holder Article 3 (5) attestations electronically free of residents (Qualification Process charge upon their application for such holders) Provision of the credential digitalisation & attestations. (free, electronic) automation Digital solution The Commission shall adopt implementing acts laying down detailed provisions concerning the agreed common language; formats and Data Issuance of digital protocols for the issuance of digital credentials Digital public qualification attestations across the service Union; and the formats of and transfer Member States Exchange of information: Article 3 (6) lists of awarding bodies, Process protocols for the lists of awarding European Commission bodies, accreditations and accreditations and digitalisation & qualifications included in national qualifications included in automation qualifications frameworks. Those the NQF Digital solution implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) Member States must evidence Identity check/matching of Issuing authorities in the Data Article 4 (1‑3) qualifications by means of digital wallet holder Member States qualification attestations that meet Digital public Issuance of digital EN 28 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement the Union‑wide standard Awarding bodies credentials service specifications (Annex I). EU citizens and EU Qualifications are quality Process Digital attestations shall comply with residents (Qualification assured as part of a Member digitalisation & the data fields specifications laid down holders) State’s National automation in Annex I, except for digital Qualifications Framework Digital solution qualification attestations issued in accordance with Article 9. Digital qualification attestations shall constitute evidence of qualifications awarded to the holder and shall be valid across the Union. From [entry into force plus 36 months], Member States shall ensure that digital qualification attestations are issued Issuing authorities in the Data without delay upon request of the Member States Identity check/matching of Digital public qualification holder as the default Awarding bodies wallet holder service Article 4(4‑5) format for evidencing qualifications which meet the EU citizens and EU Issuance of digital Process following conditions: residents (Qualification credentials digitalisation & (a) they are part of a holders) automation Member State’s national qualifications framework; EN 29 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement (b) they have been awarded after [date of entry into force minus 10 years]. For qualifications awarded between [date of entry into force minus 10 years] and [date of entry into force], Member States shall issue digital qualification attestations upon request of the qualification holder, to the extent possible, without delay, and in any case no later than within two weeks from receipt of that request. Digital qualification attestations shall be issued to the European Digital Data Identity Wallets to the holders of Issuing authorities in the Digital public qualifications who meet the following Issuance of digital Member States Awarding service conditions: credentials Bodies Process Article 5 (1) • They have been awarded a Identity check/matching of EU citizens and EU digitalisation & qualification from an awarding wallet holder residents (Qualification automation body; and holders) Provision of the credential Digital solution • They hold an active European Digital Identity Wallet • They request the issuance of a EN 30 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement digital qualification attestation. This includes re-issuance where the holder no longer has access to a previously held attestation. Digital credentials must be refused, revoked or suspended when the underlying qualification has been Issuing authorities in the Data withdrawn or suspended in either the Decision to refuse issuance Member States issuing or a receiving Member State Digital public by an awarding body or another Relying parties Revocation or suspension service Article 6 (1‑3) competent authority. The status is Updating of revocation lists EU citizens and EU Process reflected in the verification system and making the status residents (Qualification digitalisation & within 24 hours. available through the holders) automation The information on revocation and verification process Receiving Member States suspension of digital qualification attestations should be made available to relying parties by issuers. No later than [entry into force plus 36 Relying parties (employers, Credentials verification Data months], Member States shall provide regulators, Competent process a digital verification tool that enables Authorities etc.) Digital public Article 7 (1‑2) relying parties to verify that: Development/sharing of service European Commission verification tools Digital solution 3. the digital qualification Verification‑software Compliance with procedural Process attestation was issued by an developers rules issuer referred to in Article digitalisation & EN 31 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement 3(2); Qualification holders automation 4. the qualification evidenced by the digital qualification attestation was awarded by an awarding body accredited at the time of the award; 5. the digital qualification attestation has not been tampered with since it was issued; 6. the digital qualification attestation has not been suspended or revoked. The Commission shall adopt implementing acts laying down formats and procedures for verification by relying parties in accordance with paragraph 1,. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2). EN 32 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement Member States shall provide information on the qualifications, awarding bodies and accreditations to the Europass online platform in accordance with: • a common semantic model laid down in point 1, of Annex I, • the minimum requirements Data provided in Annex IV, Digital public • for the description of service qualifications, to the extent Member States Comparable information on Digital solution Article 8 (1) possible, making use of skills terminology from the European Commission qualifications Process European classification of digitalisation & skills and occupations (ESCO) automation based on a mapping between Member States’ classification systems and the European classification. Member States shall, to the extent possible, submit updates of this information in real time and in any case at least each month. EN 33 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement National Qualifications Frameworks (NFQ) shall include all qualifications awarded under the jurisdiction of a Member State and be kept up to date. To the extent possible, Member States shall include micro-credentials in their national qualifications frameworks. Data Member States shall use the European Digital public Member States national Qualifications Framework (EQF) to service authorities reference national qualifications Mapping to EQF and Article 8 (3-5) Digital solution frameworks or systems and to Qualification providers updating NQF registers compare all types and levels of Process qualifications in the Union that are digitalisation & part of national qualifications automation frameworks or systems, in particular by referencing their qualification levels to levels of the European Qualifications Framework set out in Annex III. Publication of NQFs data The Commission shall provide a Data European Commission on Europass digital tool to facilitate an Article 8 (6) Digital solution automated comparison of qualification National authorities (for the Compare two single s listed in national qualifications provision of the data) qualifications side-by-side Process frameworks referenced to digitalisation & Export the comparison view EN 34 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement the European Qualifications (for information purposes) automation Framework and make it available Find an EQF level based on through Europass platform. a qualification title Compare two national qualifications frameworks For qualifications awarded more than ten years ago, Member States must, on request, issue a digital credential based Data on existing evidence (using eIDAS Retrieval of historic Digital public (Regulation (EU) 910/2014) Annex VI evidence EU citizens and EU service or OOTS common services (Single Creation of a digital residents (Qualification Process Article 9 (1‑4) Digital Gateway Regulation (EU) credential for legacy holders) digitalisation & 2018/1724)) and in accordance with qualifications the Union standard specification. Issuing authorities automation Alignment with standard Member States shall use Union Digital solution specification standard specifications for data fields laid down in Annex V, for these digital qualification attestations. Personal data shall be processed in the Data controllers (issuing Collection, storage, context of this Regulation only in so authorities and verifiers) retention, and deletion of Data far as it is necessary for issuance and Article 12 (1‑2) Data Protection Officers personal data related to verification of digital qualification credential issuance and attestations in accordance EU citizens and EU verification with Chapter 2. residents (Qualification EN 35 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement Personal data processed in the holders) context of this Regulation shall be retained no longer than [45] years. By [[48] months from the date of the entry into force of this Regulation], and every year thereafter, Member States shall submit to the Commission the following data concerning the past 12 months: (a) the number of digital Data collection for Data qualification attestations statistical reporting, issued, revoked and suspended; National reporting units Process preparation of annual and Article 13 (1‑4) (b) the share of qualifications European Commission digitalisation & biennial reports, and automation issued in the form of digital Evaluation bodies transmission to the qualification attestations Commission among all qualifications awarded; (c) the number of relying parties registered to and requesting access to digital qualification attestations. By [48] months from the date of the entry into force of this Regulation], and every two years thereafter, Member EN 36 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement States shall submit a report to the Commission on the application of this Regulation. The report shall include: (c) the data referred to in paragraph 1; (d) the information on respective average processing time of a request for issuance of a digital qualification attestation in accordance with Article 4(5) and Article 9. Member States shall collect feedback from holders of qualifications, employers, awarding institutions, issuers, recognition authorities for regulated professions and other stakeholders necessary for preparing the report as laid down in this paragraph. The information submitted to the Commission in accordance with paragraphs 1 and 2 shall not include personal data. By [the same date as the date of application plus five years], the EN 37 EN  Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement Commission shall review and evaluate the application of this Regulation and shall present a report to that effect to the European Parliament and the Council. EN 38 EN  4.2. Data High-level description of the data in scope Type of data Reference to the requirement(s) Standard and/or specification (if applicable) Digital qualification attestations Article 3 (1-3) EUDI electronic attestations of attributes, standards and processes described in Annex I, Annex II, Article 3 (4-6) Annex IV and Annex V. Article 4 (1‑5) Article 5 (1) Article 6 (1‑3) Article 7 (1‑2) Article 8 (1) Article 8 (3-5) Article 9 (1‑4) Article 12 (1‑2) Revocation/suspension data Article 6 (1‑3) Revocation lists managed by Member States and made accessible to others Lists of awarding bodies Article 3 (4) Standards and processes described in Annex IV. Article 3 (6) Article 5 (1) Article 8 (1-2) EN 39 EN  List of accreditations Article 3 (4) Standards and processes described in Annex IV. Article 3 (6) Article 5 (1) Article 8 (1-2) Lists of current and past 10 years of qualifications Article 3 (4) ESCO, EQF, and ISCED classifications should be and data on qualifications listed in Member State’s used where possible. Article 3 (6) National Qualifications Frameworks (NQFs) Standards and processes described in Annex IV. Article 8 (3-6) Annual statistical summary on numbers of digital Article 13 (1‑4) credentials issued/renewed/withdrawn/suspended, processing times, user experience and stakeholder feedback. Personal data of qualification holders Article 12 (1‑2) Processed under Regulation (EU) 2016/679 (GDPR); data minimisation and storage limitation Alignment with the European Data Strategy Explanation of how the requirement(s) are aligned with the European Data Strategy In terms of compliance with GDPR, the main roles and responsibilities related to personal data protection are already set out in Article 12. Qualifications and accreditation data are already made available as Open data on the data.europa.eu portal 34. Qualifications, awarding bodies, and accreditation information does not contain any personal data. 34 https://data.europa.eu/data/datasets/european-learning-data?locale=en EN 40 EN  The initiative supports the European Data Strategy by making qualification data interoperable, portable and reusable across borders under the holder’s control. Digital credentials are stored in the citizen’s EUDI Wallet, which enables selective disclosure and user-controlled sharing, in line with the Strategy’s objective of empowering individuals over their data. EN 41 EN  Alignment with the once-only principle Explanation of how the once-only principle has been considered and how the possibility to reuse existing data has been explored Reusing the EUDI Wallet framework will guarantee the once only principle, as it will reuse the existing wallet and the accompanying trust framework. Reuse of the Europass framework, in particular the Qualification Dataset Register, is foreseen, as this mechanism is already in place for the publication of accreditation and qualifications in Europass. Furthermore, the Europass qualifications comparison tool will draw upon the qualifications database, and upon existing functionality within Europass. Reuse of the European Learning Model (ELM) is planned for semantic interoperability for digital qualification attestations and for information on qualifications, awarding bodies and accreditation information. Explanation of how newly created data is findable, accessible, interoperable and reusable, and meets high-quality standards Personal data (including qualifications or information within recognition procedures) is in general not supposed to be findable or reusable. Interoperability of attestations about qualifications is guaranteed through the use of the EUDI framework and infrastructure and by the common standards described in the Annexes and the use of a common semantic data model. Such standards will ensure mutual understanding of the qualifications in cross-border contexts. Information on national qualifications frameworks will be kept up-to-date by Member States and published on Europass (according to Article 8) EN 42 EN  Data flows High-level description of the data flows Type of data Reference(s) to the Actors who Actors who Trigger for the Frequency (if requirement(s) provide the receive the data exchange applicable) data data Digital Qualification Attestations Article 3 (1-3) Member States EU Citizen/EU Request from the Issuing resident EU citizen/EU Article 4 (1‑5) Authorities resident Relying Parties Article 5 (1) Awarding Automatic Article 6 (1‑3) Bodies renewal of Article 7 (1-2) credentials (e.g. EU Citizen/EU after expiry) resident Request from the relying party (e.g. during an application process) Lists of awarding bodies Article 3 (4) Member States European Update to the National Commission awarding body Authority data Lists of accreditations Article 3 (4) Member States European Update to the National Commission accreditation data Authority Lists of qualifications and data on Article 8 (1-2) Member States European Update to the qualifications listed in National Article 8 (3-5) National Commission qualifications data EN 43 EN  Qualifications Frameworks (NQFs) Authority (Europass) Annual statistical summary on numbers Article 13 (1‑2) Member States European Annually of digital credentials National Commission issued/renewed/withdrawn/suspended, Authority processing times, user experience and stakeholder feedback. Revocation/ Suspension data Article 6 (1‑3) Member State Other Member Withdrawal or As it occurs issuing States / relying suspension event authority parties Comparable information on Article 8 (1-2) Member States Europass Updates on the As the update qualifications platform information on the happens qualifications, European awarding bodies Commission and accreditations EN 44 EN  4.3. Digital solutions High-level description of digital solutions Use of AI How is Reference(s) to the Main mandated Responsible How is reusability technologies Digital solution accessibility requirement(s) functionalities body considered? (if catered for? applicable) Digital Article 3 (1-3) Issuance of digital Member States Following By definition, the N/A Qualification credentials to EUDI issuing EUDI issuing systems will Article 4 (1‑5) attestations Wallets in the form of authorities specifications reuse EUDI issuing and Article 5 (1) EUDI electronic infrastructure revocation Article 6 (1‑3) attestations of attributes. (including EUDI System trust framework and Article 9 (1‑4) Retrieval of historic relevant ETSI evidence by embedding Article 12 (1‑2) standards) and attributes in the body of specifications the digital credential. Revocation list management, and making such lists available to Relying Parties Digital Article 7 (1-2) Digital verification tool Member States Article 7 (1- If deemed useful, the N/A Qualification to ensure that the 2) requires Commission might attestations relying parties are able to Member provide a reference Verification verify digital States to implementation of Tool qualification implement a the app to be attestations in accordance verification reused/configured by with common minimum application Member States, on a verification requirements suitable for voluntary basis as EN 45 EN  and processes use by all described in the their supporting measures qualification (and Recital 16) holders. Europass System Article 8 (1) Storing data on European Built on Enhancement of N/A qualifications, awarding Commission and existing existing Europass Article 8 (6) bodies and Member States Europass tools accreditations. (data providers) tools which Presenting the already information on follow Web qualifications and Content accreditations. Accessibility Guidelines Qualifications (WCAG) 2.1 information is also used in the Europass comparison of single qualification tool. In order to fully support the SPI, the following developments must be carried out: 1. Support for an awarding body registry 2. Versioning, and timestamping of qualifications and accreditations 3. Improving EN 46 EN  performance and scalability 4. Adaptations following ELM modifications Enhancement of the existing qualifications comparison tool functionality to include: 1. Mechanism to determine the EQF level of a given qualification and export it Search for similar national qualifications in other MSs For each digital solution, explanation of how the digital solution complies with applicable digital policies and legislative enactments EN 47 EN  Digital Qualification attestations issuing and revocation System Digital and/or sectorial policy (when these are Explanation on how it aligns applicable) AI Act It is not foreseen to create or use any AI systems for this solution. EU Cybersecurity framework All issuance protocols will be compliant with EUDI protocols and standards for the digital attestation format. No additional cybersecurity requirements will be added by the regulation. eIDAS Since the issuing systems need to issue EUDI attestation, they need to rely on specifications set out in EUDI regulation (by definition compliant with eIDAS). Single Digital Gateway and IMI The Once Only Technical System can be leveraged for confirming information to be included in a digital qualification attestation and for issuers to identify the authentic source. GDPR (Reg. 2016/679) Processing of personal data is limited to what is necessary for issuance (article 13); data minimisation and storage limitation apply. Others N/A EN 48 EN  Digital Qualification attestations Verification Tool Digital and/or sectorial policy (when these are Explanation on how it aligns applicable) AI Act It is not foreseen to create or use any AI systems for this solution. EU Cybersecurity framework All verification protocols will be compliant with EUDI protocols and standards for the digital attestation format. No additional cybersecurity requirements will be added by the regulation. eIDAS The verification of EUDI digital attestation will be compliant with EUDI protocols and standards, based on eIDAS. Single Digital Gateway and IMI No interface with the Single Digital Gateway or IMI foreseen. Others N/A Europass Digital and/or sectorial policy (when these are Explanation on how it aligns applicable) AI Act It is not foreseen to create or use any AI systems for this solution. EU Cybersecurity framework No new specific cybersecurity requirements mandated by the regulation. eIDAS N/A Single Digital Gateway and IMI N/A EN 49 EN  GDPR (Reg. 2016/679) Europass publishes NQF/Qualification metadata, not personal data of individual holders. Others N/A EN 50 EN  4.4. Interoperability assessment High-level description of the digital public service(s) affected by the requirements Digital public service or Description Reference(s) to the Interoperable Other interoperability category of digital public requirement(s) Europe Solution(s) solution(s) services Digital Qualification Service provided by Member Article 3 (1-3) N/A EUDI Wallet, EUDI trust attestations issuing and States issuing authorities to framework, EQF alignment, Article 4 (1‑5) revocation service issue digital credentials for European Learning Model35 qualifications to citizens. Article 5 (1) Your Europe and the Single Service provided under the Article 6 (1‑3) Digital Gateway EUDI Wallet framework and Article 9 (1‑4) implemented by the Member States issuing authorities to Article 16 revoke or suspend a credential when the underlying qualification has been withdrawn or suspended in either the issuing or a receiving Member State. Qualification life-event procedure and Digital Credentials output added to the Single Digital Gateway Digital Qualification Service provided by relying Article 7 (1‑2) N/A EUDI trust framework, ELM, attestations verification parties in the Member States Reference Implementation of the (employers, regulators, etc.) verification service (Recital 16 35 ELM was CAMSS assessed: https://interoperable-europe.ec.europa.eu/collection/common-assessment-method-standards-and-specifications-camss/solution/camss- assessment-elm-eif-scenario EN 51 EN  service to accept and verify digital (Reference to section 4.5: credentials Measures to support digital implementation)) Publication of National Service provided by the Article 3 (4) N/A European Learning Model Qualifications data service European Commission (on Article 8 (3-6) (Europass and EU open Europass and EU Open Data data portal) portal) EN 52 EN  Impact of the requirement(s) as per digital public service on cross-border interoperability Digital Qualification attestations issuing and revocation system Assessment Measure(s) Potential remaining barriers (if applicable) Alignment with existing digital and Issuance: N/A sectorial policies • EUDI Regulation for the issuing of digital Please list the applicable digital and credentials which will require an sectorial policies identified amendment to the ETSI profiles to support W3C VCDM. • Skills Portability Initiative Regulation • SDG Regulation Revocation: • EUDI Regulation • Skills Portability Initiative Organisational measures for a Issuance: N/A smooth cross-border digital public • Registration of issuers in the EUDI trust services delivery framework to be recognised as an Please list the governance measures authorised issuer foreseen • Communication to the Commission of list of lists of awarding bodies, accreditations and qualifications, and publication on Qualifications Digitalisation Group Revocation: Governance: separate and binding roles (the issuer refuses issuance, revokes or suspends, and maintains the information; relying parties EN 53 EN  across the Union must refuse validity), with the conditions for recovery of the qualification left to the awarding Member State – a national decision with Union-wide effect. Management: a cross-border status/revocation service making the information accessible within 24 hours of the request, with a record of revocation and suspension statuses, a distinction between permanent and temporary states, and a re- issuance workflow conditional on verification of national requirements. Measures taken to ensure a shared • Data specifications described in Annex I N/A understanding of the data II, IV and V Please list such measures • CAMMS assessment performed on the ELM model • A publicly available ELM Browser which precisely describes the ontology, all the application profiles, and properties. • Futurium peer exchange group for ELM Use of commonly agreed open • Technical specifications described in N/A technical specifications and Annex I, II, IV and V. standards EN 54 EN  Please list such measures Digital Qualification attestations verification service Assessment Measure(s) Potential remaining barriers (if applicable) Alignment with existing digital and N/A • Adoption of technologies and standards sectorial policies foreseen by the EUDI regulation Please list the applicable digital and • EUDI Regulation for the verification of sectorial policies identified digital credentials • SPI regulation N/A Organisational measures for a • Registration of relying parties in the smooth cross-border digital public EUDI trust framework to be recognised as services delivery authorised verifiers Please list the governance measures foreseen N/A Measures taken to ensure a shared • Data specifications described in Annex I understanding of the data and II, IV, V Please list such measures N/A Use of commonly agreed open • Technical specifications described in technical specifications and Annex I standards Please list such measures Publication of National Qualifications data service (Europass and EU open data portal) EN 55 EN  Assessment Measure(s) Potential remaining barriers (if applicable) Alignment with existing digital and N/A • Europass Decision (Decision (EU) sectorial policies 2018/646) Please list the applicable digital and • Council Recommendation on the sectorial policies identified European Qualifications Framework • Council Recommendation on a European approach to micro-credentials • N/A Organisational measures for a • As mentioned in Article 9, Member States smooth cross-border digital public have the obligation to provide information services delivery on qualifications listed in National Please list the governance measures Qualifications Frameworks (NQFs), to be foreseen published on Europass. This is already possible today, but on a voluntary basis. N/A Measures taken to ensure a shared • As per article 9(1,2), alignment of understanding of the data National Qualifications Frameworks Please list such measures (NQFs) level to European Qualifications Framework (EQF) levels • As per article 9(6), use of common ESCO classification for skills terminology. • Enhancement of the existing Qualifications Comparison Tool in Europass N/A Use of commonly agreed open • No new technical specifications foreseen technical specifications and compared to current situation. standards EN 56 EN  Please list such measures EN 57 EN  4.5. Measures to support digital implementation High-level description of measures supporting digital implementation Description of the measure Reference(s) to the Commission Actors to be Expected timeline requirement(s) role involved (if applicable) (if applicable) (if applicable) As indicated in Article 3(6), “the Article 3 (1-3) Drafting and As per Article Commission shall adopt implementing adoption of 14, “the Article 3 (4-5) acts laying down detailed provisions implementing Commission concerning the agreed common language, Article 4 (1‑5) acts shall be assisted issuance formats and protocols for digital Article 5 (1) by a committee. qualification attestations across the Union That committee and the formats and protocols for Article 6 (1‑3) shall be a transfers of lists of awarding bodies, Article 7 (1‑2) committee accreditations and qualifications included within the in national qualifications frameworks for Article 8 (1) meaning of issuing and verifying digital qualification Article 8 (3-5) Regulation (EU) attestations. Those implementing acts No 182/2011” Article 9 (1‑4) shall be adopted in accordance with the examination procedure referred to in Article 12 (1‑2) Article 15(2). Article 13 (1‑4) Reference implementation of the Recital 16 Provision of a European verification tool reference Commission software To ensure trust in and interoperability of Member States digital qualification attestations across the Union, Member States should establish mechanisms and tools EN 58 EN  enabling relying parties such as employers and public authorities to verify the authenticity and validity of a qualification and the accreditation of an awarding body. To facilitate common verification processes and reduce administrative burdens, the Commission may support Member States by providing a reference software supporting secure, efficient and non-discriminatory verification processes. Pilot with Member States/issuers - Run a pilot Member States authorities, awarding bodies, digital issuers (QTSPs or PUB-Issuers), qualification holders EN 59 EN EUROPEAN COMMISSION Strasbourg, 15.9.2026 COM(2026) 995 final 2026/0273 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2005/36/EC as regards the digitalisation of procedures and recognition of professional qualifications issued outside the Union and Regulation (EU) No 1024/2012 {SEC(2026) 995 final} - {SWD(2026) 995 final} - {SWD(2026) 996 final} - {SWD(2026) 997 final} (Text with EEA relevance) EN EN  EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL • Reasons for and objectives of the proposal The free movement of workers, freedom of establishment and freedom to provide services are fundamental freedoms enshrined in the Treaties, underpinning the ability of Union citizens to pursue professional and economic activities across the Union. These Treaty freedoms are complemented by the Charter of Fundamental Rights of the European Union, which recognises the right to engage in work and to pursue a freely chosen or accepted occupation, as well as the freedom of Union citizens to seek employment, work, exercise the right of establishment and provide services in any Member State. They are further supported by the European Pillar of Social Rights, proclaimed in 2017, whose first chapter on equal opportunities and access to the labour market emphasises the importance of skills and employability. In particular, Principle 1 on education, training and lifelong learning recognises everyone’s right to maintain and acquire skills enabling full participation in society and successful transitions in the labour market, while Principle 4 provides for the right to active support to find or change jobs, including re-skilling and job-search assistance. This long-standing framework is reflected in the Commission’s Political Guidelines for 2024– 2029, which place skills portability and the effective use of skills acquired across borders among the priorities for strengthening labour mobility and enabling people to make full use of their skills throughout the Union. In her Political Guidelines for 2024–2029, the President of the Commission underlined the need to ensure that the Union benefits from high-quality skills, irrespective of where and how they were acquired, and to facilitate the recognition of skills acquired in one country in another. These objectives are also reflected in the ‘One Europe, One Market’ roadmap, launched in April 2026 with the objective of further deepening and completing the Single Market by the end of 2027, including by removing remaining barriers, reducing administrative burden and strengthening the Union’s competitiveness. This proposal forms part of the Skills Portability Initiative (SPI), which is a key component of the Fair Labour Mobility Package (FLMP). The SPI was announced under the Union of Skills, adopted in March 2025 as the Commission’s strategy to strengthen Europe’s human capital and competitiveness, including by improving the portability of skills and qualifications across the Union. The present proposal implements Action 2 of the SPI. It aims at further facilitating and modernising the recognition of professional qualifications in regulated professions by leveraging digital tools to streamline, accelerate and make recognition procedures more efficient, while strengthening administrative cooperation between competent authorities and improving the monitoring of the implementation and functioning of the recognition system. By amending the Directive, this proposal aims to reduce the time and cost required to have a professional qualification recognised in another Member State, making recognition more transparent and digital. For regulated professions, Directive 2005/36/EC on the recognition of professional qualifications (‘the Directive’) is a cornerstone of the Union framework for professional mobility. It facilitates the free movement of professionals by establishing rules for the recognition of professional qualifications, while taking account of Member States’ EN 1 EN  competence to regulate professions and to lay down requirements for their pursuit in order to safeguard relevant public interests. The need for action is supported by the Commission's report on the implementation of the Directive covering the period 2020–2024, as well as by the studies and stakeholder consultations underpinning the impact assessment accompanying this proposal. This evidence points to persistent shortcomings in the availability and quality of information provided to applicants, inefficiencies and unnecessary burdens in recognition procedures, and challenges affecting administrative cooperation between competent authorities. The proposal therefore introduces targeted amendments to simplify and accelerate recognition procedures, to improve the availability, completeness and reliability of information on recognition requirements and procedures, and to strengthen administrative cooperation between competent authorities. Across these areas, it promotes the use of interoperable digital tools to support more efficient, transparent and user-friendly recognition processes throughout the Union. The proposal does not alter the conditions under which Member States regulate professions or the national arrangements for taking recognition decisions. The other two legislative initiatives under the Skills Portability Initiative concern digital qualification attestations and recognition of professional qualifications obtained outside the EU (in a third country). The former relies on the measures developed under the proposal for the Regulation establishing a framework for portability of skills and qualifications (SPI Action 1, “Skills Portability Act”). The latter refers to a proposal of the Directive establishing a framework for the recognition of third-country qualifications held by third-country nationals, to ensure that holders of such qualifications who are EU nationals are not treated less favourably than third country nationals (SPI Action 3). When applicable, all three proposals under the SPI refer to each other to avoid repetitions and ensure coherence. • Consistency with existing policy provisions in the policy area This proposal is fully consistent with the existing EU framework governing the recognition of professional qualifications. Directive 2005/36/EC remains the central Union instrument in this area, without prejudice to the limited number of sector-specific rules laid down in other Union legal acts. It also continues to govern both establishment and the temporary and occasional provision of services in regulated professions. As recognised by Article 3 of Directive 2006/123/EC on services in the internal market, where the provisions of the two Directives overlap, Directive 2005/36/EC prevails. This proposal does not affect that relationship. • Consistency with other Union policies This proposal is consistent with the Union's broader policy and legislative framework on the digital transformation of public administration. In particular, it complements the Single Digital Gateway Regulation (EU) 2018/1724 and the Once-Only Technical System established thereunder, Regulation (EU) No 910/2014 (eIDAS) as amended by Regulation (EU) 2024/1183 establishing the European Digital Identity framework, and the Interoperable Europe Regulation (EU) 2024/903 in particular as regards the principle of interoperability by design and the requirements applicable to binding requirements affecting cross-border interoperable digital public services. By promoting interoperable digital credentials, trusted electronic exchanges of information and interoperable public services, the proposal contributes to the common objective of delivering more efficient, user-friendly and seamless cross-border administrative procedures across the Union. EN 2 EN  2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY • Legal basis The proposal is based on the same legal basis as Directive 2005/36/EC, namely, Articles 46, 53(1) and 62 of the Treaty on the Functioning of the European Union (TFEU). These provisions empower the Union to adopt measures facilitating the free movement of workers, the freedom of establishment and the freedom to provide services, including through the mutual recognition of diplomas, certificates and other evidence of formal qualifications and the coordination of national provisions governing access to and the pursuit of regulated professions. • Subsidiarity (for non-exclusive competence) The initiative concerns the functioning of the internal market, an area of shared competence between the Union and the Member States pursuant to Article 4(2)(a) TFEU. Accordingly, the principle of subsidiarity applies. EU-level action is this area has been established as necessary and appropriate since the adoption of the original framework in 2005, and subsequent updates to this common framework can only be achieved through action at Union level. Coordinated action is necessary because professional recognition inherently requires cross- border interaction between competent authorities, including information exchange, qualification validation, and document verification. Because these challenges are structural and transnational, isolated national measures cannot ensure reciprocity, establish common operational rules, or eliminate heterogeneous practices. Furthermore, integrating digital tools to streamline these procedures requires a unified approach; developing such solutions independently at the national level risks fragmentation, duplication, and lack of interoperability. Union action is also essential to strengthen transparency and enforcement. Current monitoring relies heavily on complaints by individual applicants and Member States’ self-reported data, which fail to provide a comprehensive basis for identifying systematic non-compliance. Action at EU level is required to establish consistent, comparable data to enable more timely and more accurate monitoring, supporting targeted corrective measures. By streamlining information requirements, deadlines, and cooperation practices, a coordinated framework reduces administrative effort, lowers reporting costs, and minimizes divergent assessments. Ultimately, only coordinated national systems can achieve this level of transparency; Union intervention is necessary to resolve persistent administrative burdens and legal uncertainty, ensuring the existing framework operates as intended and Treaty-conferred rights can be effectively exercised in practice. EU-level action also offers clear economies of scale. A single, streamlined framework is significantly more cost-effective than multiple, parallel national systems requiring complex technical interfaces. While national administrations will incur initial adaptation costs, these will be well offset by long-term efficiency gains, reduced reporting burdens, and lower error rates. Ultimately, uncoordinated national approaches cannot achieve the required consistency or scale, making Union intervention the most effective way to ensure Treaty rights are able to be meaningfully exercised. EN 3 EN  • Proportionality The proposal concerns the revision of Directive 2005/36/EC, an area where the need for Union action is already established. The proposed amendments are limited to addressing specific implementation shortcomings, namely fragmented information, unnecessarily burdensome recognition procedures, uneven levels of digitalisation and inefficiencies in administrative cooperation between competent authorities. The proposal does not harmonise the substantive rules governing regulated professions or the conditions for the recognition of professional qualifications. Member States remain fully responsible for regulating professions, determining professional qualifications, assessing applications and taking recognition decisions. Rather, the focus of the proposed measures is on procedural improvements, such as clarifying certain procedural obligations, strengthening administrative cooperation and facilitating the use of interoperable digital tools. The proportionality of these measures was thoroughly evaluated across all policy options in the impact assessment, balancing expected benefits against implementation effort. Proportionality was assessed in the comparison of the policy options considered in the impact assessment. The assessment also examined whether the scope, intensity and implementation requirements of the proposed measures were commensurate with the objectives pursued. The preferred option was selected as the most effective response while remaining strictly necessary and proportionate. Although it entails a greater degree of intervention than alternative options, this reflects the magnitude and persistence of the problems addressed and remains confined to procedural aspects of the recognition framework, fully respecting Member States' competence over the regulation of professions or substantive recognition decisions as well as their competence in safeguarding public health, safety and the quality of services. • Choice of the instrument As this proposal amends Directive 2005/36/EC, the appropriate legal instrument is a directive. A coordinating amendment concerning Regulation 1024/2012 is ancillary to the amendment of Directive 2005/36/EC. 3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS • Ex-post evaluations/fitness checks of existing legislation No ex-post evaluation was carried out specifically for the preparation of this proposal. The most recent evaluation of the Directive was conducted in the context of its 2013 revision. Subsequently, the main innovations introduced by Directive 2013/55/EU, namely the European Professional Card and the Alert Mechanism, were subject to a dedicated assessment in 2018. The decision not to undertake a further evaluation was based on the availability of a recent and comprehensive implementation report for the years 2020-20241, published only a few months before the preparation of this proposal. That report and the accompanying Staff Working Document (SWD)2 provide an extensive assessment of the functioning of the Directive, drawing on a broad range of evidence, including data from the Regulated Professions Database, targeted surveys of competent authorities, national coordinators and professional organisations, as well as other stakeholder input. It offers a detailed analysis of 1 COM(2026) 86 final 2 SWD(2026)64 final EN 4 EN  the implementation of the existing framework, identifies the main challenges encountered in practice and provides a robust evidence base for the preparation of this proposal. • Stakeholder consultations As detailed in the impact assessment accompanying this proposal, the preparation of the initiative was supported by extensive stakeholder consultation activities. In addition to the consultations carried out in the context of the recent implementation report, the Commission conducted an open public consultation as part of the Skills Portability Initiative as well as a series of targeted stakeholder consultations. Furthermore, a range of targeted consultation activities were organised with competent authorities, national coordinators, professional organisations and representatives of regulated professions, as well as targeted surveys of competent authorities and citizens who had undergone recognition procedures. These consultation activities provided valuable evidence on the practical functioning of the current framework, the challenges encountered by applicants and competent authorities, and stakeholders' views on possible policy responses. Together with the other sources of evidence supporting the impact assessment, they informed both the identification of the problems the development of the measures included in this proposal. The consultation activities revealed broad agreement among stakeholders on the main challenges affecting the functioning of the current recognition system. In particular, stakeholders consistently identified shortcomings in the information available to applicants, inefficiencies in recognition procedures and scope for improving administrative cooperation between competent authorities. There was also broad support for further digitalisation and simplification of recognition procedures as a means of reducing administrative burden and improving efficiency. Stakeholders further emphasised the need to support competent authorities in implementing the Directive through common tools, clearer rules and strengthened cooperation. These views are reflected in the proposal, which addresses both shortcomings in the design of the current framework and challenges relating to its implementation. On the one hand, it introduces new common structural elements, most notably a mandatory European digital workflow supporting recognition procedures across the Union. On the other hand, it strengthens the implementation of the existing framework by clarifying procedural rules to apply the Directive more consistently. Together, these measures are intended to remove the main obstacles identified by stakeholders and improve the efficiency, predictability and consistency of recognition procedures across the Union. • Collection and use of expertise The Impact assessment accompanying this legislative proposal was support by an external study commissioned from EY Advisory Services S.p.A and Istituto per la Ricerca Sociale. • Impact assessment An impact assessment was carried out in support of this proposal and was informed by an external study prepared for the Commission. The impact assessment examined three policy options aimed at improving the consistent implementation and effectiveness of the Directive. The first option focused on promoting EN 5 EN  greater administrative convergence through non-legislative measures, such as guidance, recommendations, peer learning and the exchange of good practices. The second option combined targeted legislative amendments with increased digitalisation by proposing a common European digital solution while allowing Member States to continue using interoperable national systems. The third and preferred option complemented the digital transformation of recognition procedures with a broader package of legislative measures addressing additional sources of administrative burden and inefficiency, including the quality of information provided to applicants, administrative cooperation between competent authorities, document requirements, fees, paper-based procedures and procedural deadlines. The third option was selected as the preferred one because it is expected to achieve the objectives of the initiative most effectively while ensuring cost-effectiveness. It combines a common European digital recognition solution, developed and financed by the Commission, with legislative amendments designed to improve the operation of the recognition system. By providing a common digital infrastructure at Union level, the preferred option reduces implementation costs for Member States, creates economies of scale, and supports a more consistent implementation of the Directive. The impact assessment concludes that the preferred option will generate significant economic and social benefits. It is expected that the preferred option will reduce the administrative costs incurred by applicants and competent authorities in recognition procedures, while shortening processing times and enabling professionals to enter the labour market more quickly. Employers are also expected to benefit from faster and less cumbersome recruitment, reduced vacancy durations and improved access to skilled workers. Beyond these direct benefits, the proposal is expected to improve the functioning of the internal market for professional services by facilitating the more efficient allocation of skills across Member States. This is expected to contribute to addressing labour and skills shortages, improving labour market matching, increasing labour productivity and strengthening the resilience and competitiveness of the European economy. The proposal is also expected to generate positive social impacts by improving employment opportunities, supporting upward career mobility and enhancing income security for professionals seeking to exercise their profession in another Member State. • Regulatory fitness and simplification The proposal contributes to the objectives of regulatory fitness by simplifying the recognition of professional qualifications and reducing administrative burdens for applicants, competent authorities and employers. It directly addresses the procedural complexities and inefficiencies identified in the current framework, while preserving the core principles of the Directive and Member States' responsibility for recognition decisions. For applicants, the proposal makes it simpler to request and quicker to obtain a recognition decision. Reducing reliance on paper-based processes, promoting the use of digital attestations, limiting documentary requirements and providing more complete and standardised information on recognition procedures should make recognition procedures more predictable, reduce the number of incomplete applications and requests for additional information, and lower the time and costs associated with preparing and submitting applications. For competent authorities, the proposal introduces a common digital workflow, integrating artificial intelligence support, strengthens administrative cooperation and provides clearer EN 6 EN  procedural rules. These measures are expected to reduce administrative effort, avoid duplication of work, streamline the handling of recognition procedures and improve the consistency and efficiency of decision-making across Member States. For employers, faster and more predictable recognition procedures are expected to facilitate recruitment, improve workforce planning and accelerate access to qualified professionals, including in sectors experiencing labour and skills shortages. The proposal contributes to the Union’s competitiveness by shortening the time needed to fill vacancies in regulated professions. Small and medium enterprises are expected to benefit proportionately more, while no new obligations are imposed on businesses. Although the implementation of the new digital infrastructure will require initial investment in IT systems, training and organisational adjustments, these transitional costs are expected to be outweighed by lasting reductions in administrative burden, shorter processing times and a more efficient and coherent recognition system across the Union. • Fundamental rights By facilitating the recognition of professional qualifications across Member States, the proposal supports the effective exercise of the freedoms of movement, namely establishment and the provision of services within the internal market and freedom of movement for workers. By reducing administrative and regulatory barriers, the proposal enables mobile professionals to pursue their profession on the basis of their qualifications and merits, irrespective of their nationality and the Member State in which they obtained their qualifications. In doing so, it contributes to the principles of equal treatment and non- discrimination, as enshrined in Article 21 of the Charter of Fundamental Rights, and facilitates the effective exercise of the rights conferred by the Treaties. It also promotes the right to engage in work and to pursue a freely chosen occupation, as enshrined in Article 15 of the Charter of Fundamental Rights, in particular paragraph 2, which guarantees Union citizens the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State. 4. BUDGETARY IMPLICATIONS The proposal has budgetary implications for the Union budget related to the development, deployment and operation of the European Digital Recognition Solution (EDRS), which will be developed, financed and operated by the Commission, within three years after entry into force of this Directive. The EDRS will provide a common digital workflow for the recognition of professional qualifications across the Union and will include interfaces for applicants and competent authorities, AI-assisted functionalities to support the processing of recognition applications, interoperability with relevant Union systems, including the Single Digital Gateway Once- Only Technical System and the European Digital Identity Wallet, analytical and statistical functionalities, and integration with the enhanced Regulated Professions Database. For 2027, the resource of the deployment of the system will come from EaSI. This initiative should be financed within the agreed envelope of the programme For the following years, the resources needed may be provided in the Commission’s proposal for the next MFF 2028- 2034, in particular the EU Facility under the National and Regional Partnership Plans. The Commission assesses that the HR needs will be covered by redeployment to meet the needs EN 7 EN  generated by this proposal. The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative. The Commission will keep Member States informed about the development of EDRS, allowing them to prepare for its deployment. In any case, the EDRS must be made operational ahead of the date for the transposition of the corresponding procedural obligations of the Member States under this proposal. Member States are not required to bear costs for developing or adapting national solutions supporting recognition processes, as the EDRS together with other EU solutions such as IMI will fully cover the functionality that competent authorities need to process applications for recognition of professional qualifications. By providing and financing a common Union-wide digital infrastructure, the proposal avoids the need for Member States to develop and maintain separate national solutions, thereby reducing implementation costs, creating economies of scale and supporting the consistent implementation of the Directive across the Union. The detailed budgetary implications of the proposal are set out in the accompanying financial statement. 5. OTHER ELEMENTS • Implementation plans and monitoring, evaluation and reporting arrangements The Commission will monitor implementation in close cooperation with the national coordinators and competent authorities. Monitoring will focus on the extent to which the proposal succeeds in simplifying recognition procedures, reducing administrative burden and costs, and improving administrative cooperation. Monitoring will be based on two complementary sources: biennial reporting by Member States, coordinated by the national coordinators, and annual data generated through the EDRS. The first data collection will take place before the deployment of the new system to establish a baseline, followed by regular monitoring after implementation. The monitoring framework includes indicators measuring the quality and completeness of information provided to applicants, the efficiency and timeliness of recognition procedures, the administrative burden associated with recognition applications, and the effectiveness of administrative cooperation between competent authorities. A detailed set of indicators, together with the data sources and collection methods, is set out in the Impact Assessment accompanying this proposal. The Commission will carry out an evaluation of the Directive approximately five years after the expiry of the transposition deadline. • Explanatory documents (for directives) Pursuant to Article 3 of this Directive, Member States are required to transpose its provisions into national law and to notify the Commission of the corresponding national measures. When notifying those measures, Member States should provide sufficient information to enable the Commission to assess the completeness and correctness of transposition. This information should clearly indicate how the provisions of the Directive have been implemented in national law. EN 8 EN  • Detailed explanation of the specific provisions of the proposal Article 1 sets out the amendments to Directive 2005/36/EC. Article 2 contains an amendment of the provisions referred to in the annex of Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’). Article 3 contains the provisions on transposition, Article 4 concerns the entry into force of the amending Directive, and Article 5 specifies its addressees. The substantive amendments introduced by Article 1 are organised around the following main themes: Digitalisation of recognition procedures: The proposal replaces the existing European Professional Card framework with a European Digital Recognition Solution established by new Article 56b. While recognition decisions remain the responsibility of Member States, the entire administrative workflow will be carried out through a common digital infrastructure used by all competent authorities. The proposal also introduces a digital-only principle through Article 56c. Faster and more predictable recognition procedures: The proposal introduces, through Article 56d, deadlines for each key procedural step, creating a structured workflow from the submission of an application to the final recognition decision. This replaces the current approach, under which only the overall duration of the procedure is defined, and substantially reduces the maximum duration of recognition procedures under both the automatic recognition system and the general system. For temporary and occasional provision of services, Article 7(4) similarly shortens the duration of prior checks. To reinforce compliance, the new Article 56e introduces a financial compensation mechanism for applicants affected by excessive delays in the administrative handling of their recognition applications. Simplification of procedural requirements: The proposal further harmonises the procedural framework by clarifying, through amendments to Article 50, that competent authorities may request only the documents expressly provided for by the Directive. Article 50(8) requires Member States to accept those documents in any official language of the Union, while Article 56c(3) establishes rules on communication with applicants. A new Article 51a introduces common principles governing recognition fees. Together, these measures reduce unnecessary administrative burdens, improve legal certainty and promote more consistent application of the Directive. Modernisation of notifications and reporting: The proposal modernises the notification framework by amending Article 59(1), requiring Member States to submit notifications concerning regulated professions through the Internal Market Information System. It also strengthens the Commission's role in monitoring the implementation of the Directive through amendments to Article 60, enabling reporting to rely on statistical information generated by the European Digital Recognition Solution and thereby improving the quality, comparability and availability of implementation data. Strengthened cooperation and governance: The proposal introduces a more structured governance framework through new Article 60a, strengthening cooperation between the Commission and the Member States within the Group of Coordinators on the Recognition of Professional Qualifications. Annual work programmes will provide a clearer framework for monitoring implementation, identifying common challenges, exchanging good practices and preparing future developments of the recognition system. The strengthened governance EN 9 EN  framework is also intended to facilitate and streamline the use of the Directive's delegated powers, in particular with regard to the establishment of Common Training Frameworks. Equal treatment of EU nationals and third-country nationals: Amendments to Articles 2(2), 3(3) and 10(g) of Directive 2005/36/EC align the Directive with [Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals], which establishes a framework for the recognition of third-country qualifications held by third-country nationals. The existing provisions are replaced by new rules on recognition of qualifications obtained outside the Union in Title Va, ensuring coherence between the two legal frameworks while preserving the distinction between the general system and automatic recognition under Directive 2005/36/EC as well as the main features underlying each of those systems. EN 10 EN  2026/0273 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2005/36/EC as regards the digitalisation of procedures and recognition of professional qualifications issued outside the Union and Regulation (EU) No 1024/2012 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46, Article 53(1) and Article 62 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee3, Acting in accordance with the ordinary legislative procedure, Whereas: (1) The Single Market is a cornerstone of European integration and a key driver of the Union’s competitiveness, prosperity and resilience. Its full potential depends, inter alia, on enabling people to move freely across the Union and to put their skills and qualifications to use wherever they are needed. Facilitating mobility contributes to a better allocation of skills across the Union, helps address labour and skills shortages and strengthens the capacity of the Union economy to respond to changing economic and demographic needs. Therefore, remaining barriers to the mobility of professionals should be reduced. This is particularly important in the field of regulated professions, where access to or pursuit of a professional activity is subject to the possession of specific professional qualifications. Differences in national qualification requirements may raise obstacles to the mobility of qualified professionals between Member States. (2) Directive 2005/36/EC of the European Parliament and of the Council 4 sets out the rules governing the recognition of professional qualifications for access to and pursuit of regulated professions and is a crucial instrument supporting the mobility of workers and services within the Single Market. It establishes a Union framework for the recognition of professional qualifications and thereby plays a central role in enabling professionals to exercise their right to free movement while ensuring that the requirements governing access to regulated professions in the host Member State are appropriately taken into account. In order to further facilitate professional mobility within the Single Market, that framework should be modernised and made simpler, 3 OJ C […], […], p. […]. 4 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, ELI: http://data.europa.eu/eli/dir/2005/36/oj EN 11 EN  faster and more efficient, in particular by making better use of digital tools, streamlining recognition procedures and strengthening administrative cooperation between competent authorities. (3) Directive 2005/36/EC, which lays down rules governing the recognition of professional qualifications of Union citizens, already contains specific rules concerning qualifications obtained in third countries. In particular, its Article 2(2) provides that each Member State may, in accordance with its national rules, permit Member State nationals holding evidence of professional qualifications obtained in a third country to pursue a regulated profession on its territory and that, in the case of professions covered by Title III, Chapter III, that recognition is to respect the minimum training conditions laid down in that Chapter. In addition, Article 3(3) of Directive 2005/36/EC, first sentence, read in conjunction with Article 10, point (g), ensures that, where a Member State national has obtained recognition of their third- country qualification in one Member State and has three years of certified professional experience in that profession within the same Member State, their third-country qualification is to be regarded as evidence of formal qualifications under that Directive, which should entitle them to recognition of their evidence of professional qualifications under the general system when seeking access to the profession in another Member State. With the adoption of [Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals5], establishing a framework for the recognition, for the purpose of establishment, of third-country qualifications held by third-country nationals, it is appropriate to ensure that Directive 2005/36/EC also establishes a coordinated approach to the recognition of qualifications obtained by Member State nationals outside the Union. (4) To that end, the necessary adjustments should be made to Directive 2005/36/EC to ensure coherence between the two legal acts. It is therefore necessary to include a new Title Va of Directive 2005/36/EC so as to ensure that each Member State develops appropriate procedures for the recognition of professional qualifications obtained outside the Union held by nationals of a Member State. Such procedures should ensure that nationals of a Member State seeking recognition of their professional qualifications in a host Member State for the purposes of establishment are not subject to rules that are less favourable than those applicable to the third-country nationals seeking recognition of their professional qualifications in that Member State. (5) The distinction between, and underlying logic of, the general system of recognition and the system of automatic recognition established by Directive 2005/36/EC should be preserved, while taking due account of the specificities of qualifications awarded outside the Union to ensure that the conditions required for access to and pursuit of the profession in the host Member State are met. (6) In its Special Report 10/24 on the recognition of professional qualifications in the Union,6 the European Court of Auditors considered that, while Directive 2005/36/EC is an essential mechanism, it is used sparsely and inconsistently. To improve the system of recognition of professional qualifications, it notably recommended annual updating of Annex V to that Directive, reducing the deadline for recognition through the automatic system that benefits professions for which mandatory minimum training 5 […] 6 Special report 10/2024: The recognition of professional qualifications in the EU – An essential mechanism, but used sparsely and inconsistently EN 12 EN  requirements are set under the Directive, as well as ensuring reliable and consistent information for citizens. (7) Procedures for the recognition of professional qualifications can come with a high burden for applicants. Professionals seeking recognition of qualifications acquired in another Member State are required to submit multiple supporting documents, including certified copies and translations, sometimes in paper form, and to bear fees which vary considerably between Member States. Such requirements may discourage professionals from pursuing opportunities in other Member States. Reducing the reliance on physical documents while ensuring access to underlying information is therefore key to facilitate the free movement of professionals within the Union. (8) While most procedures for the recognition of professional qualifications under Directive 2005/36/EC are completed within the applicable timeframes, persistent delays in some cases continue to affect applicants and may hinder the timely access to regulated professions. Such delays can entail significant costs or lost opportunities for applicants while also affecting employers awaiting the recruitment of qualified professionals, particularly in sectors facing labour and skills shortages. It is therefore necessary to modernise, simplify and improve the efficiency of procedures for the recognition of professional qualifications by laying down precise deadlines for the exchange of information and for mutual assistance between the competent authorities of the host Member State and those of the home Member State. (9) To be able to submit complete recognition applications, applicants should be provided with reliable information to support them in the process of recognition of their qualifications. They should be able to understand, at an early stage, whether and under which conditions they may access a regulated profession in another Member State. It is therefore necessary to ensure that clear, trustworthy and up-to-date information is available for applicants before starting a procedure and that they are appropriately guided towards the relevant profession, applicable national rules and required supporting documents. (10) The European Professional Card introduced by Directive 2013/55/EU of the European Parliament and of the Council7 has remained confined to a limited number of professions and, given its case-specific design, has not proven capable of being scaled up into a broader or more comprehensive solution for the recognition of professional qualifications. To ensure a smooth and orderly transition to that solution, the European Professional Card (EPC) should therefore be phased out gradually. To that end, Member States should, during a limited transitional period, continue issuing the EPC. (11) To facilitate the recognition of professional qualifications, a common Union IT solution, the European Digital Recognition Solution, should be established at Union level to support the digitalisation of procedures for the recognition of professional qualifications. That system should provide a common digital infrastructure enabling applicants to submit applications and supporting documents, including by reusing relevant data from national identity or credential systems, and to receive information on the status and outcome of their applications. It should facilitate secure and efficient cooperation between competent authorities, reduce administrative burden and undue 7 Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) OJ L 354, 28.12.2013, pp. 132–170, ELI: http://data.europa.eu/eli/dir/2013/55/oj EN 13 EN  delays, and simplify procedures for applicants and competent authorities. It should also contribute to the consistent application and uniform implementation of Directive 2005/36/EC across Member States, while fully respecting data protection requirements and the organisation and functioning of national administrative systems. (12) The introduction of stricter procedural timeframes for the exchange of information and mutual assistance between the competent authorities should be accompanied with measures that support Member States in making that cooperation more efficient through a common digital workflow. The European Digital Recognition Solution should therefore support secure communication, full traceability of procedural steps, legal certainty and the timely handling of applications. (13) The use of digital solutions should contribute to the more efficient organisation of procedures for the recognition of professional qualifications. To that end, based on the digital qualification attestations made available under [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724]8, applicants should be able to obtain, by digital means, formal evidence of qualifications issued by the competent authorities of the home Member State and to verify, prior to submission, whether their application is complete, including as regards the adequacy of supporting documents and translations. Digital tools should also support competent authorities in the assessment of applications, including the examination of supporting evidence, facilitate the secure exchange of information with authorities in other Member States, and improve communication with the applicants. These improvements should contribute to shorter processing times for applications and to a reduction in the applicable deadlines. (14) The Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council 9, is a tool supporting administrative cooperation between competent authorities in the recognition of professional qualifications under Directive 2005/36/EC. The European Digital Recognition Solution established under Directive 2005/36/EC should build on and interoperate with IMI, avoiding duplication of communication channels and preserving the accumulated functionality of the existing tool. The Annex to that Regulation should be amended in accordance with the amendments to the provisions of this Directive. (15) Regulation (EU) 2018/1724 of the European Parliament and of the Council10 established the Single Digital Gateway and the Once-Only Technical System, enabling the cross-border exchange of evidence between competent authorities without requiring users to resubmit documents already held by another public authority. Its continued implementation can support more efficient recognition procedures by allowing supporting documents exchanged through the Once-Only Technical System to be used within the European Digital Recognition Solution, reducing the burden on applicants to obtain and submit certified copies of evidence already available through public registers or authorities in another Member State. 8 […] 9 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC, OJ L 316, 14.11.2012, p.1, ELI: http://data.europa.eu/eli/reg/2012/1024/oj 10 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012, OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj EN 14 EN  (16) The publicly available database of regulated professions referred to in Article 59(1) of Directive 2005/36/EC set up and maintained by the Commission provides a centralised overview of professions that are regulated in each Member State, the applicable legal provisions, and the competent authorities responsible. To ensure legal certainty and consistency, that database should constitute the single authoritative source of information on the regulatory status of professions across the Union, and Member States should keep the information they notify complete, accurate and up to date. (17) Language barriers can complicate and delay recognition procedures. Recent advances in machine translation, including the Commission's eTranslation service, make it possible to process documents submitted in another official language of the Union by facilitating understanding of their content. The continuous improvement in the quality of machine translation is steadily increasing confidence in translated documents and is reshaping the contribution of human translators towards quality assurance and verification. Competent authorities should therefore be able to rely on machine translation integrated into the European Digital Recognition Solution to facilitate the handling of applications, while preserving the possibility of requesting a certified human translation where appropriate. (18) To support the digitalisation of procedures under Directive 2005/36/EC, the European Digital Recognition Solution, which would be built on a Union-wide infrastructure for digital qualification attestations should allow applicants to use and share trusted digital evidence across borders more efficiently. The European Digital Recognition Solution established by this Directive constitutes a cross-border digital public service within the meaning of Regulation (EU) 2024/903 of the European Parliament and of the Council (Interoperable Europe Act)11 and is subject to the requirements laid down in that Regulation, including the obligation to carry out an interoperability assessment. In accordance with the requirements applicable to European Digital Identity Wallets under Regulation (EU) 910/2014 of the European Parliament and of the Council12, the European Digital Recognition Solution should be interoperable with the EU Digital Identity Wallet so that applicants can submit, reuse and securely share, under their control, pre-authenticated digital documents stored therein, including evidence of formal qualifications. By relying on standardised digital qualification attestations and interoperable systems, such a framework should help competent authorities access reliable and up-to-date information more quickly, accelerate verification, reduce repeated requests for the same evidence, and support faster, more consistent recognition decisions across Member States. (19) To support the digitalisation of recognition procedures under Directive 2005/36/EC, Member States should ensure the secure receipt and verification of credentials, as well as their use in the digital processing of recognition requests and the issuance of recognition decisions. The European Digital Recognition Solution should further reinforce confidence of applicants and employers in the use of digital evidence in cross-border recognition procedures for regulated professions. Digital qualification attestations issued in accordance with [Regulation(EU)XXX establishing a framework 11 Regulation (EU) 2024/903 of the European Parliament and of the Council of 13 March 2024 laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act), OJ L, 2024/903, 22.3.2024, ELI: http://data.europa.eu/eli/reg/2024/903/oj 12 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, OJ L 257, 28.8.2014, p. 73, ELI: http://data.europa.eu/eli/reg/2014/910/oj EN 15 EN  for portability of skills and qualifications and amending Regulation (EU) 2018/1724] should enable competent authorities to rely on their authenticity without carrying out further checks. For other documents submitted in support of recognition requests, where checks of authenticity are necessary, greater digitalisation should enable competent authorities to carry out such checks more efficiently and consistently, helping to detect irregularities and prevent fraudulent submissions. (20) To guarantee equal treatment and effective access, applicants who are unable to undergo the procedure by electronic means only, including due to limited digital skills, should not be disadvantaged in the exercise of their rights under Directive 2005/36/EC. Member States should make appropriate arrangements to enable such applicants to pursue the relevant procedures by non-electronic means, while ensuring that their applications are handled with the same diligence, without undue delay and subject to the same procedural safeguards as applications submitted through the digital solution. In this context, documents submitted in the course of such procedures may be provided in different formats, including paper documents that have been scanned and converted into electronic form, as well as electronic documents including electronic attestations of attributes set out in Commission Implementing Regulation (EU) 2024/297913. The use of different formats should not lead to discrimination against the applicant provided that the authenticity, integrity and, where relevant, origin of the documents can be appropriately assessed. Where an applicant makes use of non- electronic means for justified reasons, Member States should ensure that the competent authority, or another designated body, enters the necessary data and documents into the digital system without undue delay and keeps the applicant appropriately informed of the progress of the procedure. Member States should also provide adequate technical and digital support to applicants using the digital solution, in particular to those with limited digital skills, to ensure effective access on an equal basis. (21) Competent authorities may, in the examination of applications for the recognition of professional qualifications, be assisted by the European Digital Recognition Solution. Such assistance could entail the assessment of the completeness of applications with respect to the appropriate information and relevant evidence provided, the authenticity of documents submitted, the identification of substantial differences between the training evidenced by the applicant and the national training requirements, the indication of possible compensation measures (aptitude tests or adaptation periods) in accordance with Directive 2005/36/EC, and the identification of similar previously assessed cases with a view to promoting consistency in decision-making. (22) The Commission and Member States, in their respective capacities as processor and controllers, within the meaning of Article 29(3) of Regulation (EU) 2018/1725 of the European Parliament and of the Council14 and Article 28(3) of Regulation (EU) 13 Commission Implementing Regulation (EU) 2024/2979 of 28 November 2024 laying down rules for the application of Regulation (EU) No 910/2014 of the European Parliament and of the Council as regards the integrity and core functionalities of European Digital Identity Wallets, OJ L, 2024/2979, 4.12.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/2979/oj 14 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj EN 16 EN  2016/679 of the European Parliament and of the Council15, should implement appropriate technical and organisational measures to safeguard personal data against unauthorised access, accidental loss, or unlawful processing. (23) Where an excessive delay is attributable to the competent authority and not to the applicant, it should entitle the latter to an appropriate and proportionate compensation for the economic disadvantage caused by the delay. (24) The benefits of automatic recognition could be further extended to additional professions through fuller use of the mechanism established by Directive 2005/36/EC for the development of common training frameworks. Where a common set of minimum knowledge, skills and competences necessary for the pursuit of a specific profession can be identified and is shared by at least one third of the Member States, common training frameworks can provide an effective means of promoting professional mobility while respecting national regulatory approaches and training systems. To attain this objective, a strengthened cooperation among competent authorities is needed through the Group of Coordinators established by Commission Decision 2007/172/EC16. While contributing to the overall consistent and effective implementation of Directive 2005/36/EC, including through the preparation of annual work programmes and the exchange of experience and best practices, the Group should also serve as a forum for outreach to and exchange with professionals, their representative organisations and social partners, including on labour market needs, quality standards and professional autonomy. In particular, it should contribute to identifying emerging common sets of knowledge, skills and competences, assessing needs and expectations in the professions, and exploring opportunities for the development of common training frameworks in accordance with this Directive. (25) To ensure coherence, transparency and proportionality, and to avoid duplicative reporting obligations, the additional monitoring and evaluation requirements linked to the digitalisation and simplification measures introduced by this Directive should be integrated into the reporting framework established by Article 60 of Directive 2005/36/EC. Evaluation should in particular assess the functioning of the European Digital Recognition Solution, its effect on administrative burdens and procedure duration, and its impact on the mobility of professionals and addressing labour and skills shortages in the internal market. (26) Directive 2005/36/EC and Regulation (EU) 1024/2012 should therefore be amended accordingly. (27) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered its opinion on [date]17. 15 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj 16 Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications, OJ L 79, 20.3.2007, pp. 38–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV), OJ L 219M, 24.8.2007, pp. 367–368 (MT), ELI: http://data.europa.eu/eli/dec/2007/172/oj 17 OJ C , , p. . EN 17 EN  HAVE ADOPTED THIS DIRECTIVE: Article 1 Amendments to Directive 2005/36/EC Directive 2005/36/EC is amended as follows: (1) Article 1 is replaced by the following: 'Article 1 Subject matter 1. This Directive establishes rules according to which a Member State which makes access to or pursuit of a regulated profession in its territory contingent upon possession of specific professional qualifications (‘the host Member State’) shall recognise professional qualifications obtained in one or more other Member States (‘the home Member State’) and which allow the holder of the said qualifications to access and pursue the said profession in the host Member State. 2. This Directive also establishes rules concerning partial access to a regulated profession and recognition of professional traineeships pursued in another Member State. 3. This Directive also lays down rules under which a host Member State shall recognise professional qualifications obtained in a third-country for the purpose of establishment in that Member State and which allow the holder of the said qualifications to access and pursue the profession in that Member State under conditions that are not less favourable than those for third-country nationals.'; (2) Article 2 is amended as follows: (a) the first subparagraph of paragraph 1 is replaced by the following: '1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession in a Member State, including those belonging to the liberal professions, on either a self-employed or employed basis, and who obtained their professional qualifications in another Member State or in a third country'; (b) paragraph 2 is deleted; (3) Article 3 is amended as follows: (a) paragraph 1 is amended as follows: (i) point k is deleted; (ii) the following point o is added: '(o) ‘digital qualification attestation’ an attestation of a qualification that is awarded in a digital format in accordance with Regulation (EU) xxxx/xxx on portability of skills and qualifications and amending Regulation (EU) 2018/172418'; (b) paragraph 3 is deleted; 18 […] EN 18 EN  (4) Article 4 is amended as follows: 'Article 4 Effects of recognition 1. The recognition of professional qualifications by the host Member State shall allow beneficiaries to gain access in that Member State to the same profession as the one for which they are qualified in the home Member State or in the third country where they obtained their qualifications under the same conditions as its nationals. 2. For the purposes of this Directive, the profession which the applicant wishes to pursue in the host Member State shall be considered the same as the one for which they are qualified in their home Member State or in the third country if the activities covered are comparable. 3. By way of derogation from paragraph 1 of this Article, partial access to a profession in the host Member State shall be granted under the conditions laid down in Article 4f.'; (5) Articles 4a, 4b, 4c, 4d and 4e are deleted; (6) Article 4f is amended as follows: 'Article 4f Partial access 1. The competent authority of the host Member State shall grant partial access, for the purpose of establishment, on a case-by-case basis, to a professional activity in its territory only when all the following conditions are fulfilled: (a) the professional is fully qualified to exercise in the home Member State or in the third country the professional activity for which partial access is sought in the host Member State; (b) differences between the professional activity legally exercised in the home Member State or in the third country and the regulated profession in the host Member State as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and training required in the host Member State to have access to the full regulated profession in the host Member State; (c) the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State. For the purpose of the first subparagraph, point (c), the competent authority of the host Member State shall take into account whether the professional activity can be pursued autonomously in the home Member State or in the third country. 2. The competent authority of the host Member State shall grant partial access, for the purpose of temporary and occasional services in the host Member State, on a case-by-case basis, to a professional activity in its territory only when all the following conditions are fulfilled: (a) the professional is fully qualified to exercise in the home Member for the professional activity for which partial access is sought in the host Member State; (b) differences between the professional activity legally exercised in the home Member State and the regulated profession in the host Member State as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and EN 19 EN  training required in the host Member State to have access to the full regulated profession in the host Member State; (c) the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State. For the purpose of the first subparagraph, point (c), the competent authority of the host Member State shall take into account whether the professional activity can be pursued autonomously in the home Member State or in the third country. 3. Partial access may be rejected if such rejection is justified by overriding reasons of general interest, suitable for securing the attainment of the objective pursued, and does not go beyond what is necessary to attain that objective. 4. Applications for the purposes of establishment in a Member State shall be examined in accordance with Chapters I and IV of Title III for professionals seeking partial access based on professional qualifications obtained in their home Member State and in accordance with Title Va for professionals seeking partial access based on the professional qualifications obtained in a third country. 5. Applications for the purposes of providing temporary and occasional services in the host Member State concerning professional activities that have public health or safety implications shall be examined in accordance with Title II. 6. By way of derogation from Article 52 of this Directive, the professional activity shall be exercised under the professional title of the third country or of the other Member State once partial access has been granted. The host Member State may require use of that professional title in the languages of the host Member State. Professionals benefiting from partial access shall clearly indicate to the service recipients the scope of their professional activities. 7. This Article shall not apply to professionals benefiting from automatic recognition of their professional qualifications under the provisions referred to under Title Va of this Directive.'; (7) Article 7 is amended as follows: (a) paragraph 1 is replaced by the following: '1. Member States may require that, where the service provider first moves from one Member State to another in order to provide services, the service provider shall inform the competent authority in the host Member State in a written declaration to be made in advance including the details of any insurance cover or other means of personal or collective protection with regard to professional liability. Such declaration shall be renewed once a year if the service provider intends to provide temporary or occasional services in that Member State during that year.'; (b) in paragraph 4, the second subparagraph is replaced by the following: 'Within two weeks of informing the applicant that the declaration referred to in paragraphs 1 and 2 of this Article is complete, as stipulated in Article 56d(4), the competent authority shall notify the service provider of its decision which may be one of the following: (a) not to check the professional qualifications; (b) where the professional qualifications have been checked: (i) to require the service provider to take an aptitude test; or (ii) to allow the provision of services'; EN 20 EN  (8) in Article 8, paragraph 1 is replaced by the following: '1. The competent authorities of the host Member State may ask the competent authorities of the Member State of establishment, in the event of justified doubts, to provide any information relevant to the legality of the service provider’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature. In the event that the competent authorities of the host Member State decide to check the service provider’s professional qualifications, they may ask the competent authorities of the Member State of establishment for information about the service provider’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health or safety. The competent authorities of the Member State of establishment shall provide that information in accordance with Articles 56 and 56d. In the case of non-regulated professions in the home Member State, the assistance centres referred to in Article 57b may also provide such information.'; (9) in Article 10, point (g) is deleted; (10) Article 14 is amended as follows: (a) in paragraph 3, the second subparagraph is replaced by the following: 'This applies also to the cases provided for in Article 10 points (b) and (c), in Article 10 point (d) concerning medical doctors and dental practitioners, in Article 10 point (f) when the migrant seeks recognition in another Member State where the relevant professional activities are pursued by nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist who have taken part in the training leading to the possession of the titles listed in Annex V, point 5.2.2.'; (b) the following paragraph 8 is added: '8. Member States shall ensure that applicants who fail an aptitude test, or one or more tests forming part of an adaptation period, are given the opportunity to retake the respective tests. Member States shall ensure that feedback detailing assessment results and areas for improvement is provided to applicants, and that applicants are entitled to at least two further attempts to pass each test that they have failed.'; (11) in Article 21, paragraph 1 is replaced by the following: '1. Each Member State shall recognise evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as pharmacist and as architect, listed in Annex V, points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 respectively, which satisfy the minimum training conditions referred to in Articles 24, 25, 31, 34, 35, 38, 44 and 46 respectively, and shall, for the purposes of access to and pursuit of the professional activities, give such evidence the same effect on its territory as the evidence of formal qualifications which it itself issues. Such evidence of formal qualifications shall be issued by the competent bodies in the Member States and accompanied, where appropriate, by the certificates listed in Annex V, points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 respectively. Member States shall ensure that any person to whom they award the evidence of formal qualifications in that Member State referred to in Annex V, points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2, and 5.7.1, may request that the relevant certificate accompanying that evidence of formal qualification, listed in Annex V, be issued as a digital qualification attestation in accordance with [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724]. Any person holding EN 21 EN  such evidence of formal qualifications and, where appropriate, the relevant certificate listed in Annex V, which was issued in a non-digital form, may request from the issuing Member State a digital qualification attestation of that certificate in accordance with [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724]. The provisions of the first and second subparagraphs shall not affect the acquired rights referred to in Articles 23, 27, 33, 37, 39 and 49. The provisions of the third and fourth subparagraphs are without prejudice to the provisions of [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724] concerning digital qualification attestation.'; (12) in Article 25, the following paragraph 6 is inserted: '6. In order to reflect generally acknowledged changes in the medical terminology across the Union, the Commission is empowered to adopt delegated acts in accordance with Article 57c in order to update the generic name of specialties in points 5.1.3 and 5.3.3 of Annex V. '; (13) Articles 50 and 51 are replaced by the following: 'Article 50 Documentation and formalities 1. Where the competent authorities of the host Member State decide on an application for authorisation to pursue the regulated profession by virtue of this Title, those authorities may require solely the documents and certificates listed in Annex VII. Where the host Member State decides to impose a requirement as to the date of issue of the documents referred to in Annex VII, points 1(d), (e) and (f), it shall accept documents issued within a specific period that may not be shorter than the three months preceding the date on which they are submitted. The Member States, bodies and other legal persons shall guarantee the confidentiality of the information which they receive. 2. In cases of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State, as well as, where applicable, confirmation of the fact that the beneficiary fulfils, for the professions referred to in Chapter III of this Title, the minimum training conditions set out respectively in Articles 24, 25, 28, 31, 34, 35, 38, 40, 44 and 46. 3. By way of derogation from paragraph 2, Member States shall not require confirmation of authenticity where evidence of formal qualifications is submitted as a digital qualification attestation or where attestations or evidence are obtained through the technical system for the cross-border automated exchange of evidence, as established under Regulation (EU) 2018/1724 of the European Parliament and of the Council19. This shall be without prejudice to the possibility for Member States to verify compliance with the minimum training requirements applicable under Chapter III of this Title. 19 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012, OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj EN 22 EN  4. In cases of justified doubt, where evidence of formal qualifications has been issued by a competent authority in a Member State and includes training received in whole or in part in an establishment legally established in the territory of another Member State, the host Member State shall be entitled to verify with the competent body in the Member State of origin of the award: (a) whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the Member State of origin of the award; (b) whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the Member State of origin of the award; (c) whether the evidence of formal qualifications confers the same professional rights in the territory of the Member State of origin of the award. 5. In cases of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the fact that the applicant is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of their professional activities. 6. Exchange of information between competent authorities of different Member States under this Article shall take place through the Internal Market Information system (IMI) established by Regulation (EU) 1024/2012 of the European Parliament and of the Council20. 7. Where a host Member State requires its nationals to swear a solemn oath or make a sworn statement in order to gain access to a regulated profession, and where the wording of that oath or statement cannot be used by nationals of the other Member States, the host Member State shall ensure that the persons concerned can use an appropriate equivalent wording. 8. Member States shall accept the documents referred to in paragraph 1 in any of the official languages of the Union. Article 51 Procedure for the mutual recognition of professional qualifications 1. The competent authority in the host Member State shall examine an application for authorisation to practise a regulated profession without undue delay and shall adopt a duly substantiated decision within two weeks after the date on which the applicant is informed in accordance with Article 56d(4) that the application is complete and no additional information is required. That deadline may be extended by four weeks in cases falling under Chapters I and II of this Title. 2. The decision of the competent authority, or failure to reach a decision within the period laid down in paragraph 1, shall be subject to appeal under national law.'; (14) the following Article 51a is inserted: 'Article 51a Fees and charges 20 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC, OJ L 316, 14.11.2012, p.1, ELI: http://data.europa.eu/eli/reg/2012/1024/oj EN 23 EN  1. A host Member State shall either waive fees for recognition procedures and compensation measures or ensure that any fees charged do not exceed the actual costs incurred in providing the service to applicants. 2. By way of derogation from paragraph 1, Member States may impose flat-rate charges if they can be justified by the average cost of providing the service to applicants. 3. Any potential or actual damage claims or compensations that could be derived from the non-respect of the deadlines laid down in Article 56d shall not be considered in the calculation of costs of service or costs of processing applications. 4. Member States shall ensure that detailed information on the structure of the fee and justification for any charges imposed as part of the recognition process is publicly available and easily accessible. 5. Through IMI or another electronic interface that the Commission shall make available for that purpose, each Member State shall notify the Commission of the fees charged for recognition procedures and for compensation measures for each profession. Through the same interface, each Member State shall notify any changes to these fees before these changes take effect.'; (15) in Article 53(3), the second subparagraph is replaced by the following: 'Controls may be carried out only after the recognition of a professional qualification.'; (16) in Article 56, paragraph 2 is replaced by the following: '2. The competent authorities of the home and the host Member States shall exchange information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under this Directive. The competent authorities of the home Member State shall examine the veracity of the circumstances and shall decide on the nature and scope of the investigations which need to be carried out and shall inform the competent authorities of the host Member State of the conclusions which the competent authorities of the home Member State draw from the information available to them.'; (17) the following Articles 56b, 56c, 56d, 56e and 56f are inserted: 'Article 56b European Digital Recognition Solution 1. The Commission shall establish and maintain a comprehensive European Digital Recognition Solution ('the EDRS'), available in all official languages of the Union, which shall provide a platform for the submission of declarations made in accordance with Article 7 and for applications for recognition of professional qualifications under Title III. 2. The EDRS shall provide the following functions: (a) allow competent authorities to configure the evidence that a professional is required to provide when applying for the recognition of professions notified pursuant to Article 59(1), and the evidence that a professional must provide for prior checks pursuant to Article 7(4); (b) allow applicants to create, edit, withdraw, and monitor any declarations made in accordance with Article 7 or any applications for recognition under Title III; EN 24 EN  (c) allow applicants to provide all required supporting evidence from a range of sources and in various formats, including scanned paper documents, electronic attestations of attributes stored in a European Digital Identity Wallet in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council21, and documents requested through the technical system for the cross-border automated exchange of evidence established under Regulation (EU) 2018/1724 of the European Parliament and of the Council; (d) perform an initial automated assessment of the completeness of the application and accompanying supporting evidence before the applicant submits the declaration or application; (e) make applications and declarations with supporting evidence accessible to the host Member State; (f) acknowledge receipt of the application to the applicant. For the purposes of the first subparagraph, point (a), the solution shall allow competent authorities to configure the required supporting evidence for each procedure type and profession. It shall also ensure that, for applications under Title III, the required evidence does not exceed that set out in Article 50 read in conjunction with Annex VII, and that, for the declarations made in accordance with Article 7, the required evidence does not exceed that specified in that Article. 3. The EDRS shall build on and interoperate with IMI. It shall allow direct use of the functionality of IMI for secure communication between competent authorities, and it shall facilitate secure communication of competent authorities with the applicant. 4. In the development and operation of EDRS the Commission shall ensure that it is designed to support competent authorities in their work to assess applications and to take decisions on recognition, including through machine translation of documents, and to support the verification of authenticity of evidence. 5. The EDRS shall ensure that the applicant is informed without undue delay of the completion of each stage of the procedure, and of any compensation that is due in accordance with Article 56d. 6. The Commission shall publish on its website the formats and standards the EDRS uses for the issuance, in the form of digital qualification attestations, of recognition decisions taken by Member States. Article 56c Digital processing of applications 1. Member States shall ensure that declarations made under Article 7 and requests for recognition under Title III are submitted through EDRS. In cases where the applicant is not able to use EDRS, Member States shall provide the applicant with the option to submit declarations and applications in non-electronic format. In such exceptional circumstances, the Member State shall upload without undue delay the submitted information into EDRS, ensuring all submissions are processed within this EDRS, 21 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, OJ L 257, 28.8.2014, p. 73, ELI: http://data.europa.eu/eli/reg/2014/910/oj EN 25 EN  and regularly informing the applicant on the progress of the processing of the application or declaration. 2. Competent authorities shall use IMI and EDRS to exchange information that is needed for the processing of applications and declarations with the competent authorities of other Member States or with applicants. 3. Member States shall ensure that any official communication to applicants is made in all official languages of that Member State that are also official languages of the Union, and at least one other official language of the Union. Member States shall ensure that any official communication to applicants, such as acknowledgement of receipts, decisions and any other information related to the procedure, shall be transmitted through EDRS. Article 56d Procedure for the digital processing of applications 1. Competent authorities of the host Member State shall assess the completeness of the application and of the evidence provided and inform the applicant through EDRS of any missing documents no later than one week after submission of the application or declaration. 2. Competent authorities of the host Member State shall communicate to the home Member State any justified doubts they have on the supporting evidence issued by that Member State and identify any need for information or attestations to be provided by that Member State. To this end, no later than one week after the submission of the complete file of the application or declaration, the host Member State shall request the home Member State to provide through EDRS the required information, confirmation or attestations needed to proceed with the application or to dispel any justified doubts. 3. Competent authorities of the home Member State shall provide any evidence or attestations that are requested through EDRS within two weeks. For procedures under Article 7(4), and Chapters I and II of Title III, this period may be extended by two additional weeks upon request of the home Member State. 4. After having access to the complete file, and having received, if required, any other supporting evidence in accordance with paragraphs (1) to (3), the host Member State shall without undue delay inform the applicant through EDRS that the application file for recognition made in accordance with Title III or the declaration made in accordance with Article 7(4) is complete and no additional information is required from the applicant or the home Member State to process the application or to perform the required prior checks. 5. For declarations made under Article 7, with the exception of those requiring a prior check pursuant to paragraph 4 of that Article, the host Member State shall inform the applicant via EDRS without undue delay after receipt of the declaration that the execution of services in its territory may start immediately. 6. In relation to procedures under Title III and to the outcome of prior checks carried out in accordance with Article 7(4), point (b), the final decision taken by the host Member State shall be issued in the form of a digital qualification attestation through EDRS. EN 26 EN  Article 56e Non-respect of deadlines 1. If the home Member State exceeds the deadlines set out in Article 21(1) or Article 56d(3) by more than five calendar days, it shall ensure that applicants are entitled to claim and receive compensation for the delay. The compensation shall take the form of a lump sum for each day of non-respect of the deadline, starting on the first day after the expiry of the relevant deadline and ending on the date the home Member State treated all open requests for evidence or attestations related to the application. 2. If the host Member State exceeds the deadlines set out in Article 51 or Article 56d by more than ten calendar days, it shall ensure that applicants are entitled to claim and receive compensation for the delay. The compensation shall take the form of a lump sum for each day of non-respect of the deadline, starting on the first day after the expiry of the relevant deadline and ending on the date of receipt of the final decision by the applicant. No compensation shall accrue in respect to any period between a request made by the host Member State and the date on which the home Member State or, under Title Va, the third country issuing the qualification provides the evidence or the attestations requested. Such periods shall be taken into account for the purposes of paragraph 1. 3. Member States may set a maximum amount for the total compensation payable under paragraphs 1 and 2 expressed as a specific number of daily lump sum compensations. 4. At the request of the applicant and without prejudice to paragraph 5, Member States shall pay the compensation referred to in paragraphs 1 and 2 as soon as the recognition procedure or the processing of the declaration is completed. 5. Member States shall ensure that applicants have the right to seek, in accordance with national law, compensation in respect of any damage or loss suffered exceeding the lump sum compensation due to the non-respect of deadlines by that Member State. Article 56f Processing of personal data 1. Processing of personal data through the EDRS shall be carried out only to the extent that is necessary for for carrying out tasks laid down in paragraphs 3, 4, 5 and 6. 2. Each Member State shall designate one or more competent authorities responsible for operating its connection to the EDRS. 3. Where the competent authorities of the home and host Member States exchange personal data through the EDRS for the purposes of this Directive, they shall act as joint controllers, within the meaning of Article 26 of Regulation (EU) 2016/679 of the European Parliament and of the Council22, solely in respect of the cross-border processing operations that are strictly necessary for that exchange, including the transmission, routing, receipt, consultation and technical provision of the personal data concerned through the EDRS, as well as the management of related access rights, logging, security measures and incident handling. 22 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj EN 27 EN  4. The Commission shall act as a processor, within the meaning of Article 3, point (12), of Regulation (EU) 2018/1725 of the European Parliament and of the Council23, on behalf of the joint controllers referred to in paragraph 3 of this Article, for the processing of personal data carried out through the EDRS. In that capacity, it shall provide, technically maintain and operate the solution, and ensure its interoperability, security, and supervision in accordance with this Directive. The processing operations carried out by the Commission on behalf of the joint controllers and the respective responsibilities of the Commission and those joint controllers shall be governed by arrangements concluded in accordance with Article 29(3) of Regulation (EU) 2018/1725 and, where applicable, Article 28(3) of Regulation (EU) 2016/679. This paragraph is without prejudice to the responsibilities of the competent authorities of the Member States, acting as controllers or joint controllers, for processing operations falling within their respective competence under this Directive. 5. The competent authority of the host Member State shall be the controller, within the meaning of Article 4, point (7), of Regulation (EU) 2016/679 for the processing of personal data necessary for the following: (a) the handling of applications for recognition of professional qualifications; (b) the assessment of applications, including the verification of supporting information; (c) the adoption of decisions and the management of redress procedures; (d) the handling of personal data related to declarations for provision of services. 6. The competent authority of the home Member State shall be the controller, within the meaning of Article 4 point (7), of Regulation (EU) 2016/679 for the processing of personal data necessary for the following: (a) verifying qualifications or confirming the authenticity of documents; (b) providing supporting information or documents to the applicant or to the host Member State; (c) responding to requests for information made by the applicant and/or the host Member State, pursuant to this Directive. 7. Where the processing of personal data by the competent authorities of the host or the home Member State involves automated individual decision-making concerning the applicant, including profiling, within the meaning of Article 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council, Member States shall ensure appropriate safeguards ensuring that decisions affecting the recognition of professional qualifications are taken in a lawful, fair and transparent manner. These safeguards shall at least include: (a) the right of the data subject (applicant) to obtain meaningful information on the use of automated processing in the examination of the application; (b) the right of the data subject (applicant) to request that the decision be reviewed by a natural person competent to assess the application; (c) the right of the data subject (applicant) to express his or her point of view and to submit observations or additional evidence; 23 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj EN 28 EN  (d) the right of the data subject (applicant) to contest the decision by means of the remedies available under national law. 8. Access to personal data processed pursuant to this Directive shall be limited to: (a) the Commission, to the extent necessary for the operation, maintenance, security and supervision of the solution; (b) the competent authorities of the host and home Member States, to the extent necessary for the performance of their tasks under paragraphs 3, 5 and 6 of this Article. 9. Personal data shall be shared between the Commission and the competent authorities of the Member States, or between the competent authorities of the host and home Member States, only to the extent necessary for the purposes of paragraphs 3, 5 and 6 of this Article. Such sharing shall not affect the responsibility of each controller for the processing operations falling within its competence. 10. Each controller referred to in paragraphs 5 and 6 shall determine, within the limits of applicable Union and national law, the retention periods for personal data applicable to the processing operations for which it is responsible. Those periods shall be proportionate and limited to what is necessary for the purposes of processing. The Commission shall ensure the automatic deletion, 36 months after the completion of the recognition procedure, of the record of that procedure and of the documents used therein from the solution, without affecting the availability of those documents through the technical system for the cross-border automated exchange of evidence established under Regulation (EU) 2018/1724 of the European Parliament and of the Council, for their subsequent reuse. 11. The Commission and the competent authorities of the Member States shall cooperate, within the scope of their respective responsibilities, to ensure the secure and lawful processing of personal data under this Directive, including as regards: (a) access management and logging; (b) incident handling and personal data breach notification; (c) data quality and accuracy; (d) the handling of requests from data subjects and supervisory authorities.'; (18) in Article 57(1), point (b) is deleted; (19) Article 57a is deleted; (20) Article 57c is amended as follows: (a) paragraph 2 is replaced by the following: '2. The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), Article 25(6), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall be conferred on the Commission for a period of five years from 17 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or EN 29 EN  the Council opposes such extension not later than three months before the end of each period.'; (b) paragraph 3 is replaced by the following: '3. The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), Article 25(6), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.'; (c) paragraph 5 is replaced by the following: '5. A delegated act adopted pursuant to the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), Article 25(6), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.'; (21) Article 59 is replaced by the following: 'Article 59 Transparency 1. Member States shall notify to the Commission a list of existing regulated professions, specifying the activities covered by each profession, and a list of regulated education and training, and training with a special structure, referred to in Article 11, point (c)(ii), in their territory. Any change to those lists shall also be notified to the Commission via IMI before its entry into force. The Commission shall set up and maintain a publicly available database of regulated professions, including a general description of activities covered by each profession. 2. By 18 January 2016, Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary under Article 7(4). Member States shall provide the Commission with a specific justification for the inclusion of each of those professions on that list. Member States shall notify any changes to that list to the Commission via IMI. 3. Member States shall examine whether requirements under their legal system restricting the access to a profession or its pursuit to the holders of a specific professional qualification, including the use of professional titles and the professional activities allowed under such title, are compatible with the following principles: EN 30 EN  (a) they shall not directly nor indirectly discriminate on the basis of nationality or residence; (b) they shall be justified by overriding reasons of general interest; (c) they shall be suitable for securing the attainment of the objective pursued and shall not go beyond what is necessary to attain that objective. 4. Paragraph 1 of this Article shall also apply to professions regulated in a Member State by an association or organisation within the meaning of Article 3(2) and any requirements for membership of those associations or organisations. 5. Before introducing any new requirements referred to in paragraph 3, Member States shall inform the Commission and shall indicate the reasons for considering that those requirements comply with points (a), (b) and (c) of that paragraph.'; (22) the following Title Va is inserted: 'TITLE Va RECOGNITION OF QUALIFICATIONS OBTAINED IN A THIRD COUNTRY Article 59a Applicable provisions 1. Member States shall establish procedures for the recognition of professional qualifications obtained in a third country. For that purpose, Chapter 2 of Title II, Article 11, Article 27, Article 29(1) and (3) to (5), Article 30(1), Article 31, Article 32(1), (2), (4) and (7) to (10) and Article 37 of [Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals 24] shall apply mutatis mutandis. 2. For the purposes of this Title, Article 3(1) point (c) of this Directive shall be understood as referring to diplomas, certificates and other evidence, issued by an authority in a third country designated pursuant to legislative, regulatory or administrative provisions of that third country, certifying successful completion of professional training. 3. For the purposes of paragraph 1 of this Article, Title III of this Directive shall not apply, except Article 52(1) and (2), as provided in paragraph 4 of this Article. 4. For the purposes of paragraph 1 of this Article, Article 52(1) and (2), Title IV and Title V of this Directive shall apply mutatis mutandis to the recognition of professional qualifications obtained in a third country , with the exception of Article 55a. Article 59b Minimum training requirements for certain professions Where Articles 24, 25, 28, 31, 34, 35, 38, 40 and 44 of this Directive set out minimum conditions on the training for certain professions, the recognition of professional qualifications under this Title shall be contingent upon fulfilment of those minimum conditions. Article 59c Use of services for the assessment of authenticity 24 […] EN 31 EN  For the purposes of assessing an application within the scope of this Directive, the competent authority of a Member State may request from the Commission to assess the authenticity of qualifications, diplomas, certificates or other evidence of formal qualifications issued in a third country, pursuant to Article 28 of [Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals].'; (23) Article 60 is replaced by the following: 'Article 60 Evaluation, statistics and reporting 1. From [the date falling 4 years after the adoption of this Directive] Member States shall, every two years, send a report to the Commission on the application of the system. The report shall contain general observations and a description of the main problems arising from the application of this Directive. 2. The Commission shall, every year, provide the Group of Coordinators established under Commission Decision 2007/172/EC with a statistical summary of the processing of applications through the solution referred to in Article 56b. This summary shall include the number of decisions taken, broken down by Member State, by profession, by type of procedure and by outcome, as well as statistics on processing times and delays. This statistical summary shall not include any personal data. 3. Every five years from [the date falling 8 years after the adoption of this Directive] the Commission shall publish a report on the implementation of this Directive. 4. With a view to evaluating the functioning of EDRS referred to in Article 56b of this Directive, the first report published in accordance with paragraph 3 of this Article shall carry out an evaluation of this Directive. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions regarding the use of digital tools, the reduction of administrative burden and costs, the availability of relevant information to applicants, and the duration of recognition procedures. 5. Member States shall provide all the necessary information for the preparation of the reports referred to in paragraph 3 and 4.'; (24) the following Article 60a is inserted: 'Article 60a Cooperation between the Commission and the Member States 1. The Commission shall cooperate with the Group of Coordinators established under Decision 2007/172/EC25, on matters related to the implementation of this Directive with a view to sharing best practices, identifying the need for guidance and promoting convergence among Member States. 2. The Commission shall adopt an annual work programme for the Group of Coordinators. It shall make that work programme, together with the relevant preparatory documents, publicly available. 25 Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications, OJ L 79, 20.3.2007, pp. 38–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV), OJ L 219M, 24.8.2007, pp. 367–368 (MT), ELI: http://data.europa.eu/eli/dec/2007/172/oj EN 32 EN  3. The annual work programme shall include: (a) priority topics and issues to be addressed; (b) appropriate tools and methods to be applied; (c) expected outputs and deliverables, including those deriving from potential work on common training frameworks in accordance with Article 49a, together with indicative timelines, where appropriate; (d) the subgroups to be established, maintained or discontinued, together with their mandates. 4. The Commission shall submit the draft annual work programme to the Group of Coordinators for endorsement no later than at the final meeting of the preceding year. 5. The Group of Coordinators shall establish a subgroup for the digitalisation of recognition procedures. The subgroup’s tasks shall be the following: (a) to establish cooperation between Member States’ authorities and the Commission on questions relating to the digitalisation of procedures for the recognition of professional qualifications; (b) to facilitate the implementation of Articles 56b(4), 56c to 56e of this Directive; (c) to liaise with other relevant recognition networks and expert groups on digitalisation, in particular the Digitalisation Group established on the basis of [Regulation(EU)XXX establishing a framework for portability of skills and qualifications and amending Regulation (EU) 2018/1724], to ensure synergies are fully exploited. 6. The Commission may adopt work programmes for the subgroups of the Group of Coordinators upon submitting the draft work programme for endorsement by the subgroup concerned. It shall make those work programmes, together with the relevant preparatory documents, publicly available.'; (25) Annex VII is amended in accordance with the Annex to this Directive. Article 2 Amendment to Regulation (EU) No 1024/2012 Point 2 of the Annex to Regulation (EU) No 1024/2012 is replaced by the following: ‘2. Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications: Article 8, Article 21a, Article 50, Article 51a(5), Article 56, Article 56a to 56f and Article 59(1), (2) and (5) and Article 60(1) of Directive 2005/36/EC, and in Article 11(1) of Directive (EU) 2018/958.’ Article 3 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 2 years after entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions. EN 33 EN  When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall apply the measures referred to in paragraph 1: (a) from 2 years after entry into force of this Directive as regards Article 1, paragraphs 3(a)(i), 5, 12, 15, 18, 20 and 24; (b) from [the date of application of Directive xxxx/xxx/EU on the recognition of qualifications of third-country nationals] as regards Article 1, paragraphs 1, 2, 3(b), 4, 6, 9, 10, 22 and 25; (c) from [3 years after entry into force] of this Directive as regards Article 1, paragraphs 3(a)(ii), 7, 8, 11, 13, 14, 15, 16, 17, 19, 21, 23 and Art. 2. 3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 4 Entry into force This Directive shall enter into force on the […] day following that of its publication in the Official Journal of the European Union. Article 5 Addressees This Directive is addressed to the Member States. Done at Strasbourg, For the European Parliament For the Council The President The President EN 34 EN  LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT 1. FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 3 1.1. Title of the proposal/initiative ...................................................................................... 3 1.2. Policy area(s) concerned .............................................................................................. 3 1.3. Objective(s) .................................................................................................................. 3 1.3.1. General objective(s) ..................................................................................................... 3 1.3.2. Specific objective(s) ..................................................................................................... 3 1.3.3. Expected result(s) and impact ...................................................................................... 3 1.3.4. Indicators of performance ............................................................................................ 3 1.4. The proposal/initiative relates to: ................................................................................. 4 1.5. Grounds for the proposal/initiative .............................................................................. 4 1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative ............................................................ 4 1.5.2. Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone. ................................................................................. 4 1.5.3. Lessons learned from similar experiences in the past .................................................. 4 1.5.4. Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments ....................................................................................... 5 1.5.5. Assessment of the different available financing options, including scope for redeployment ................................................................................................................ 5 1.6. Duration of the proposal/initiative and of its financial impact .................................... 6 1.7. Method(s) of budget implementation planned ............................................................. 6 2. MANAGEMENT MEASURES................................................................................... 8 2.1. Monitoring and reporting rules .................................................................................... 8 2.2. Management and control system(s) ............................................................................. 8 2.2.1. Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed .................. 8 2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them............................................................................................................ 8 2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure) ........................................... 8 2.3. Measures to prevent fraud and irregularities ................................................................ 9 3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 10 3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected ....................................................................................................................... 10 EN 1 EN  3.2. Estimated financial impact of the proposal on appropriations ................................... 12 3.2.1. Summary of estimated impact on operational appropriations.................................... 12 3.2.1.1. Appropriations from voted budget ............................................................................. 12 3.2.1.2. Appropriations from external assigned revenues ....................................................... 17 3.2.2. Estimated output funded from operational appropriations......................................... 22 3.2.3. Summary of estimated impact on administrative appropriations ............................... 24 3.2.3.1. Appropriations from voted budget .............................................................................. 24 3.2.3.2. Appropriations from external assigned revenues ....................................................... 24 3.2.3.3. Total appropriations ................................................................................................... 24 3.2.4. Estimated requirements of human resources.............................................................. 25 3.2.4.1. Financed from voted budget....................................................................................... 25 3.2.4.2. Financed from external assigned revenues ................................................................ 26 3.2.4.3. Total requirements of human resources ..................................................................... 26 3.2.5. Overview of estimated impact on digital technology-related investments ................ 28 3.2.6. Compatibility with the current multiannual financial framework.............................. 28 3.2.7. Third-party contributions ........................................................................................... 28 3.3. Estimated impact on revenue ..................................................................................... 29 4. DIGITAL DIMENSIONS .......................................................................................... 29 4.1. Requirements of digital relevance .............................................................................. 30 4.2. Data ............................................................................................................................ 30 4.3. Digital solutions ......................................................................................................... 31 4.4. Interoperability assessment ........................................................................................ 31 4.5. Measures to support digital implementation .............................................................. 32 EN 2 EN  1. FRAMEWORK OF THE PROPOSAL/INITIATIVE 1.1. Title of the proposal/initiative Proposal for a Directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications as regards the digitalisation of recognition procedures and recognition of professional qualifications issued outside the Union and Regulation (EU) No 1024/2012. 1.2. Policy area(s) concerned People, society and social model, Free movement of persons, labour mobility Freedom of establishment, freedom to provide services Digitalisation of public administrations 1.3. Objective(s) 1.3.1. General objective(s) Improve the functioning of the EU system for the recognition of professional qualifications by amending Directive 2005/36/EC 1.3.2. Specific objective(s) Improve the availability, completeness and reliability of information on recognition requirements and procedures. Simplify and accelerate recognition procedures. Strengthen administrative cooperation between competent authorities. These objectives will be pursued through the increased use of interoperable digital tools and workflows, supporting more efficient, transparent and user-friendly recognition processes across the Union. 1.3.3. Expected result(s) and impact Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. Professionals seeking recognition of their qualifications will benefit from faster, simpler and more predictable recognition procedures, improved access to information on recognition requirements and procedures, and quicker access to employment in another Member State. Competent authorities will benefit from more efficient and interoperable digital workflows, reduced administrative burden and costs, improved administrative cooperation, and more consistent implementation of the Directive across the Union. Employers will benefit from faster recruitment processes, shorter vacancy durations and improved access to skilled workers, helping to address labour and skills shortages. The economy is expected to benefit from a better-functioning internal market for professional services, supported by a common European digital recognition solution that creates economies of scale, reduces implementation costs, facilitates a more efficient allocation of skills across Member States, improves labour market matching and productivity, and strengthens resilience and competitiveness. EN 3 EN  Society is expected to benefit from enhanced labour mobility, improved employment opportunities, greater upward career mobility and increased income security for professionals exercising their profession in another Member State. By improving the allocation of skills across the Union, the proposal will also help address labour and skills shortages and reinforce the delivery of services in sectors of particular importance to society, including healthcare and education. 1.3.4. Indicators of performance Specify the indicators for monitoring progress and achievements. Progress towards the specific objectives will be monitored through the following indicators: Availability and quality of information for applicants: Presence and completeness of the information required under the Directive on national portals. Consistency between information provided through national portals and the RegProf database. Share of incomplete or incorrectly prepared applications attributable to information gaps. User satisfaction with the clarity and accessibility of information provided on recognition procedures. Efficiency of recognition procedures: Average processing time for recognition procedures. Average number of documents, translations and certified copies requested per application. Administrative effort required by competent authorities to process applications. Share of recognition decisions adopted within the deadlines laid down in the Directive. Administrative cooperation between competent authorities: Average response time to requests for administrative cooperation. Average number of information requests and confirmation exchanges required per recognition case. Satisfaction of competent authorities with the quality and usefulness of the information received from their counterparts. 1.4. The proposal/initiative relates to: ✓ a new action  a new action following a pilot project / preparatory action26  the extension of an existing action  a merger or redirection of one or more actions towards another/a new action 26 As referred to in Article 58(2), point (a) or (b) of the Financial Regulation. EN 4 EN  1.5. Grounds for the proposal/initiative 1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative The Commission will start developing and testing the European Digital Recognition Solution during the transposition period. Member States will have to transpose the Directive and initiate the necessary legal, administrative and technical preparations. After the expiry of the transposition deadline, the European Digital Recognition Solution should be operational and Member States should have completed the implementation and technical preparations necessary to apply the revised recognition framework. 1.5.2. Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone. Reasons for action at EU level (ex-ante) The initiative concerns the functioning of the internal market, an area of shared competence. Since the recognition of professional qualifications inherently involves cross-border interactions between competent authorities, including the exchange of information, validation of qualifications and verification of documents, effective action requires a common Union framework. Member States acting individually cannot establish common operational rules, ensure reciprocity or prevent divergent administrative practices. Likewise, the deployment of interoperable digital solutions cannot be achieved through isolated national initiatives without creating fragmentation, duplication and a lack of interoperability. Union action is therefore necessary to improve the functioning of the existing framework, enhance transparency and monitoring, strengthen administrative cooperation, and ensure that professionals can effectively exercise their Treaty rights to free movement. Expected generated EU added value (ex-post) The proposal is expected to generate EU added value by improving the legal framework for the recognition of professional qualifications across the Union and supporting it with unified digital tools. It will increase legal certainty and the consistency of implementation, reduce administrative burdens and compliance costs for both competent authorities and applicants, and improve the efficiency and transparency of cross-border recognition procedures. The common European digital recognition solution will create significant economies of scale by replacing the need for multiple parallel national solutions and facilitating interoperability across Member States. The proposal will also strengthen monitoring and enforcement through the availability of comparable Union-wide data, enabling the Commission and Member States to identify implementation problems more effectively and support the consistent application of Union law. Together, these benefits will contribute to a better-functioning internal market, more efficient labour mobility and a more effective exercise of the Treaty rights of citizens and professionals 1.5.3. Lessons learned from similar experiences in the past The experience gained from the implementation of the 2013 revision of Directive 2005/36/EC demonstrates the benefits of introducing digital elements into EN 5 EN  recognition procedures, while also highlighting the limitations of an approach based primarily on voluntary and decentralised implementation. Although digital tools have improved certain aspects of administrative cooperation and information exchange, their uptake has been uneven across Member States and they have not resulted in a scalable, end-to-end digital recognition process. These lessons point to the need for a more integrated and interoperable approach based on a common digital workflow at Union level, while preserving Member States' competence for decisions on the recognition of professional qualifications. 1.5.4. Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments The proposal is compatible with the current Multiannual Financial Framework. The development, deployment and operation of the European Digital Recognition Solution will be financed from existing Union programmes and budgetary resources dedicated to digital public administration and the functioning of the internal market, without requiring the creation of new financial instruments. The initiative creates important synergies with existing Union instruments and policies. It builds on the European Digital Identity framework and the eIDAS Regulation through the use of interoperable digital credentials and trusted electronic exchanges. It is fully consistent with the Interoperable Europe framework, the Single Digital Gateway and the Once-Only Technical System by promoting interoperable public services, reducing repetitive requests for documents and enabling more efficient cross-border administrative cooperation. It also complements the digitalisation of qualifications under the Skills Portability Initiative, where the digitalisation of qualifications (Action 1) facilitates recognition procedures, while the European Digital Recognition Solution (Action 2) provides concrete large-scale use cases that support the uptake of digital qualifications. Together, these initiatives contribute to the broader objective of delivering interoperable, user-friendly and efficient digital public services across the Union. 1.5.5. Assessment of the different available financing options, including scope for redeployment The preferred financing option is direct financing from the Union budget, as the initiative requires the development, deployment and operation of a common European Digital Recognition Solution that will be used across all Member States. A centrally financed solution ensures economies of scale, avoids duplication of development and maintenance costs, and guarantees interoperability and consistent implementation across the Union. Alternative approaches based on separate national developments or decentralised financing would require multiple parallel investments, increase integration costs and create risks of fragmentation and inconsistent implementation. Financing through existing Union programmes and budgetary resources allows the initiative to build on existing digital infrastructure and expertise while ensuring efficient use of Union funds. Where appropriate, existing resources will be redeployed to support the implementation of the initiative. The current proposal does not entail additional resources as compared to the situation in the 2021-2027 multiannual financial framework and it builds on the current staff assigned to the implementation of Directive 2005/36/EC. From 2028 on, the costs linked to the proposal will be borne by the EU Facility under Heading 1 of the 2028- EN 6 EN  2034 multiannual financial framework, subject to its adoption and the EU annual budgetary procedure. EN 7 EN  1.6. Duration of the proposal/initiative and of its financial impact  limited duration –  in effect from [DD/MM]YYYY to [DD/MM]YYYY –  financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations. ✓ unlimited duration – Implementation with a start-up period from YYYY to YYYY, – followed by full-scale operation. 1.7. Method(s) of budget implementation planned ✓ Direct management by the Commission – ✓ by its departments, including by its staff in the Union delegations; –  by the executive agencies  Shared management with the Member States  Indirect management by entrusting budget implementation tasks to: –  third countries or the bodies they have designated –  international organisations and their agencies (to be specified) –  the European Investment Bank and the European Investment Fund –  bodies referred to in Articles 70 and 71 of the Financial Regulation –  public law bodies –  bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees –  bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees –  bodies or persons entrusted with the implementation of specific actions in the common foreign and security policy pursuant to Title V of the Treaty on European Union, and identified in the relevant basic act – bodies established in a Member State, governed by the private law of a Member State or Union law and eligible to be entrusted, in accordance with sector-specific rules, with the implementation of Union funds or budgetary guarantees, to the extent that such bodies are controlled by public law bodies or by bodies governed by private law with a public service mission, and are provided with adequate financial guarantees in the form of joint and several liability by the controlling bodies or equivalent financial guarantees and which may be, for each action, limited to the maximum amount of the Union support. Comments EN 8 EN  2. MANAGEMENT MEASURES 2.1. Monitoring and reporting rules Monitoring of performance will focus on the extent to which the proposal succeeds in improving the availability, completeness and reliability of information on recognition requirements and procedures, simplifying and reducing the cost and administrative burden of recognition procedures, and strengthening administrative cooperation between competent authorities. The Commission will carry out monitoring in cooperation with the national coordinators and competent authorities in the Member States. Monitoring will rely on Monitoring will rely on statistics generated by the digital recognition system, collected annually by the Commission; biennial reporting by competent authorities, consolidated by National Coordinators; biennial reviews and surveys conducted by the Commission. The monitoring framework will include indicators measuring the completeness and consistency of information on recognition requirements and procedures, the share of incomplete or incorrectly prepared applications attributable to information gaps, user satisfaction with the clarity and accessibility of information, the average processing time for recognition procedures, the average number of documents, translations and certifications requested, the administrative effort required to process applications, compliance with procedural deadlines, the average response time to requests for administrative cooperation, the average number of information requests and confirmation exchanges per recognition case, and competent authorities' satisfaction with the quality and usefulness of the responses received. A pre-implementation benchmark will be established through a first data collection in 2028. The baseline year for monitoring will be 2029, when the benefits of the initiative are expected to begin materialising following the deployment of the European Digital Recognition Solution. The monitoring framework will provide the evidence necessary to support the evaluation of the initiative approximately five years after the expiry of the transposition deadline. 2.2. Management and control system(s) 2.2.1. Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed Direct management, as per article 62.1(a) of the Financial Regulation, is the preferred mode of implementation, as the actions will be carried out by the European Commission, specifically Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL), which will ensure the coordination with Member States and the various stakeholders. 2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them The controls are part of the internal control system of DG EMPL. The new activities will be subject to the same risk identification and mitigation approach. EN 9 EN  2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure) The controls are integrated into the internal control system of DG EMPL. The new activities will generate negligeable additional control costs at DG level. 2.3. Measures to prevent fraud and irregularities The Commission shall ensure that, when actions financed are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties. The Commission is authorised to carry out checks and verifications in situ under this Decision, in compliance Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities financial interests against fraud and other irregularities. If need be, investigations shall be carried out by the European Anti- Fraud Office and shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office. EN 10 EN  3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative. Under reserve of adoption of the Draft Budget 2027 for this budget line as proposed by the Commission, the 2027 work programme a total of EUR 3.5 million has been programmed under 07.020400: ESF+ - Employment and Social Innovation strand, in order to support the business analysis, management of data quality, and IT development of digital systems to support processes for the recognition of professional qualifications, in particular EDRS. 3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected In order of multiannual financial framework headings and budget lines. Contribution – to be determined at later stage for Type of Budget line expenditure EFTA, (potential) candidate countries and third countries Heading of from multiannual candidate financial from From Number countries framework Diff./Non- EFTA other other assigned and diff.27 countries third revenue 28 potential countries candidates 29 To be determined after the adoption of the MFF and in the context of the annual Diff./Non YES/NO YES/NO YES/NO NO budgetary procedure for the EU Facility – -diff. Successor of 07 02 04 00 – ESF+ EaSI strand 07.020400: ESF+ - Employment and Diff./Non YES/NO YES/NO YES/NO YES/NO Social Innovation strand -diff. 27 Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 28 EFTA: European Free Trade Association. 29 Candidate countries and, where applicable, potential candidates from the Western Balkans. EN 11 EN  3.2. Estimated financial impact of the proposal on appropriations 3.2.1. Summary of estimated impact on operational appropriations –  The proposal/initiative does not require the use of operational appropriations –  The proposal/initiative requires the use of operational appropriations, as explained below 3.2.1.1. Appropriations from voted budget EUR million (to three decimal places) 1 - Economic, social and territorial cohesion, agriculture, rural and maritime Heading of multiannual financial framework Number prosperity and security Year Year Year Year Year Year Year DG: EMPL 2034 and TOTAL MFF 2028-2034 2028 2029 2030 2031 2032 2033 subsequent years Operational appropriations Commitments (1a) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. Budget line – successor 07 02 04 Payments (2a) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. 30 Appropriations of an administrative nature financed from the envelope of specific programmes Budget line (3) n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. TOTAL appropriations Commitments =1a+1b+3 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. for DG EMPL Payments =2a+2b+3 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. Total Heading 1 Year Year Year Year Year Year Year TOTAL 30 Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research. EN 12 EN  2034 and MFF 2028- 2028 2029 2030 2031 2032 2033 subsequent 2034 years p.m. p.m. p.m. p.m. p.m. p.m. p.m. TOTAL operational Commitments (4) p.m. appropriations Payments (5) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. TOTAL appropriations of an administrative nature financed from the (6) n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. envelope for specific programmes TOTAL appropriations Commitments =4+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. under HEADING 1 of the multiannual Payments =5+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. financial framework Year Year Year Year Year Year Year TOTAL MFF 2028 2029 2030 2031 2032 2033 2034 2028-2034 • TOTAL operational Commitments (4) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. appropriations (all operational Payments (5) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. headings) • TOTAL appropriations of an administrative nature financed from (6) n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. the envelope for specific programmes (all operational headings) TOTAL appropriations Commitments =4+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. Under Heading 1 to 3 EN 13 EN  of the multiannual financial framework Payments =5+6 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. (Reference amount) For 2027, the resource of the deployment of the system will come from EaSI. This initiative should be financed within the agreed envelope of the programme. The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative. Heading of multiannual financial framework 4 ‘Administrative expenditure’31 Year Year Year Year Year Year Year TOTAL DG:EMPL 2034 and MFF 2028 2029 2030 2031 2032 2033 subsequent 2028-2034 years  Human resources 0.388 0.388 0.3880 0.3880 0.3880 0.388 0.388 2.716  Other administrative expenditure 0 0 0 0 0 0 0 0 TOTAL DG Appropriations 0.388 0.388 0.388 0.388 0.388 0.388 0.388 2.716 EMPL 31 The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage. EN 14 EN  (Total TOTAL appropriations under HEADING 4 of commitments = 0.388 0.388 0.388 0.388 0.388 0.388 0.388 2.716 the multiannual financial framework Total payments) EUR million (to three decimal places) Year Year Year Year Year Year Year TOTAL 2034 and MFF 2028- 2028 2029 2030 2031 2032 2033 subsequent 2034 years TOTAL appropriations under Commitments p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. HEADINGS 1 to 4 of the multiannual financial framework Payments p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative purposes only and does not pre-judge the next Multiannual Financial Framework. The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are indicative. 3.2.2. Estimated output funded from operational appropriations (not to be completed for decentralised agencies) Commitment appropriations in EUR million (to three decimal places) Year Year Year Year Enter as many years as necessary to show Indicate TOTAL 2028 2029 2030 2031 the duration of the impact (see Section1.6) objectives and outputs OUTPUTS EN 15 EN  No No No No No No No Type Aver ò 32 Total Total age Cost Cost Cost Cost Cost Cost Cost No cost cost SPECIFIC OBJECTIVE No 133… - Output p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. - Output - Output Subtotal for specific objective No 1 SPECIFIC OBJECTIVE No 2 ... - Output Subtotal for specific objective No 2 TOTALS p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. 32 Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 33 As described in Section 1.3.2. ‘Specific objective(s)’ EN 16 EN  3.2.3. Summary of estimated impact on administrative appropriations –  The proposal/initiative does not require the use of appropriations of an administrative nature –  The proposal/initiative requires the use of appropriations of an administrative nature, as explained below 3.2.3.1. Appropriations from voted budget Year Year Year Year Year Year Year TOTAL VOTED APPROPRIATIONS 2034 and 2028 - 2028 2029 2030 2031 2032 2033 subsequent 2034 years HEADING 4 Human resources 0.388 0.388 0.388 0.388 0.388 0.388 0.388 2.716 Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Subtotal HEADING 4 0.388 0.388 0.388 0.388 0.388 0.388 0.388 2.716 Outside HEADING 4 Human resources 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Other expenditure of an administrative 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 nature Subtotal outside HEADING 4 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 TOTAL 0.388 0.388 0.388 0.388 0.388 0.388 0.388 2.716 3.2.4. Estimated requirements of human resources –  The proposal/initiative does not require the use of human resources –  The proposal/initiative requires the use of human resources, as explained below 3.2.4.1. Financed from voted budget Estimate to be expressed in full-time equivalent units (FTEs)34 Year Year Year Year Year Year Year VOTED 2034 and APPROPRIATIONS 2028 2029 2030 2031 2032 2033 subsequent years  Establishment plan posts (officials and temporary staff) 20 01 02 01 (Headquarters and Commission’s Representation 2 2 2 2 2 2 2 Offices) 20 01 02 03 (EU Delegations) 0 0 0 0 0 0 0 (Indirect research) 0 0 0 0 0 0 0 (Direct research) 0 0 0 0 0 0 0 Other budget lines (specify) 0 0 0 0 0 0 0 • External staff (inFTEs) 20 02 01 (AC, END from the 0 0 0 0 0 0 0 ‘global envelope’) 34 Please specify below the table how many FTEs within the number indicated are already assigned to the management of the action and/or can be redeployed within your DG and what are your net needs. EN 17 EN  20 02 03 (AC, AL, END and 0 0 0 0 0 0 0 JPD in the EU Delegations) • at Admin. Support Headquarte 0 0 0 0 0 0 0 line rs • in EU [XX.01.YY.YY] Delegation 0 0 0 0 0 0 0 s (AC, END - Indirect research) 0 0 0 0 0 0 0 (AC, END - Direct research) 0 0 0 0 0 0 0 Other budget lines (specify) - 0 0 0 0 0 0 0 Heading 4 Other budget lines (specify) - 0 0 0 0 0 0 0 Outside Heading 4 TOTAL 2 2 2 2 2 2 2 Considering the overall strained situation in Heading 4, in terms of both staffing and the level of appropriations, the human resources required will be met by staff from the DG who are already assigned to the management of the action and/or have been redeployed within the DG or other Commission services. The staff required to implement the proposal (in FTEs): To be covered by Exceptional additional staff* current staff available in the Commission services To be financed To be financed To be financed under Heading 4 from BA line from fees or Research Establishment 2 N/A N/A N/A plan posts External staff 0 N/A N/A N/A (CA, SNEs, INT) Description of tasks to be carried out by: Officials and temporary staff Tasks will include overseeing the development and ensuring the legal and technical compliance of the European Digital Recognition Solution (EDRS); coordinating the transition from existing EU recognition tools to the EDRS, including the necessary adaptations required for a smooth replacement of current systems in cooperation with Member States; establishing and managing the monitoring and reporting framework, including the collection of statistics and performance indicators; and ensuring the continuous review and evolution of the system so that it remains fit for purpose and adapts to future legal, technical and policy developments. External staff N/A EN 18 EN  3.2.5. Overview of estimated impact on digital technology-related investments Compulsory: the best estimate of the digital technology-related investments entailed by the proposal/initiative should be included in the table below. Exceptionally, when required for the implementation of the proposal/initiative, the appropriations under Heading 4 should be presented in the designated line. The appropriations under Headings 1-3 should be reflected as “Policy IT expenditure on operational programmes”. This expenditure refers to the operational budget to be used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation of the initiative and their associated investments (e.g. licences, studies, data storage etc). The information provided in this table should be consistent with details presented under Section 4 “Digital dimensions”. TOTAL TOTAL Digital Year Year Year Year Year Year Year MFF and IT 2028 - appropriations 2028 2029 2030 2031 2032 2033 2034 2034 HEADING 4 IT expenditure 0 0 0 0 0 0 0 0 (corporate) Subtotal 0 0 0 0 0 0 0 0 HEADING 4 Outside HEADING 4 Policy IT expenditure on p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. operational programmes Subtotal outside HEADING 4 p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. TOTAL p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. 3.2.6. Compatibility with the current multiannual financial framework The proposal/initiative: –  can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF) The proposal builds on the Commission’s proposal for the MFF 2028-2034, subject to its adoption and to the EU annual budgetary procedure, and in particular on the EU Facility under Heading 1. –  requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation –  requires a revision of the MFF 3.2.7. Third-party contributions The proposal/initiative: EN 19 EN  –  does not provide for co-financing by third parties but might be interesting for EEA EFTA countries or (potential) candidate countries –  provides for the co-financing by third parties estimated below: Appropriations in EUR million (to three decimal places) Year Year Year Year Year Year Year Total 2028 2029 2030 2031 2032 2033 2034 Specify the co- financing body (EFTA, (potential) p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. candidate countries, third countries TOTAL appropriations p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. co-financed 3.3. Estimated impact on revenue –  The proposal/initiative has no financial impact on revenue. –  The proposal/initiative has the following financial impact: –  on own resources –  on other revenue –  please indicate, if the revenue is assigned to expenditure lines EUR million (to three decimal places) 35 Appropriations Impact of the proposal/initiative available for Budget revenue line: the current Year Year Year Year Year Year Year financial year 2028 2029 2030 2031 2032 2033 2034 Article …………. For assigned revenue, specify the budget expenditure line(s) affected. N/A Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information). N/A 35 In the case of traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 10 % for collection costs, as proposed in COM(2025)574. EN 20 EN  4. DIGITAL DIMENSIONS 4.1. Requirements of digital relevance High-level description of the requirements of digital relevance and related categories (data, process digitalisation & automation, digital solutions and- or digital public services) Actors affected or Reference to the Requirement description concerned by the High-level Processes Categories requirement requirement Development, operation and use of the European Digital Recognition Solution. The Commission must develop and operate a European Digital European Commission: Recognition Solution for declarations develops and operates the under Article 7 and recognition Data system procedures under Title III. Key Application Digital public services Article 56b, 56c functions include: Home and Host competent processing and and 56d authorities (users) decision on Digital solutions • procedure configuration by recognition Applicants professionals Process digitalisation or competent authorities (users) automation • applicant creation-editing- withdrawal-monitoring of applications • submission of supporting evidence from multiple sources and formats (including digital EN 21 EN  qualification attestation format) • integration with SDG OOTS for retrieval of evidences • automated assessment of completeness • Notifications to applicant, including immediate acknowledgement of receipt upon submission of the application • integration with IMI • requests for missing evidence • deadlines for home-host authorities • alternative evidence if home authority delays • secure communication with applicants • decision-making support for authorities through machine translation and authenticity verification • transparent status information on application progress • issuing final decisions as digital qualification attestations. EN 22 EN  Member States must: • ensure all declarations and recognition requests are submitted through the system • use only the system and its IMI integration for inter-authority exchanges • send official communication to applicants through the system • offer applicants a language choice • allow non-electronic submission only in justified exceptional cases, with the Member State entering the information into the system. Processing of personal data. The article provides rules on the processing of personal data processing European Commission in the system, including: the purposes of processing, the Commission as Host Member State Data Processing of Article 56f processor for system management and Home Member State Digital public services personal data infrastructure security, host Member Applicants-data subjects Digital solutions State as controller for processing of recognition applications and System administrators. declarations for provision of services, home Member State as controller for verifying qualifications, confirming EN 23 EN  authenticity of documents, responding to requests (supporting information, documents) of the applicant or the host Member State, transparency, training and audits, obligation for the Commission concerning the automatic deletion after 36 months. Statistics and reporting from the system. The European Commission must publish: 1. An annual statistical summary to the Group of Coordinators using information recorded in the European Digital Recognition Solution. This European Commission statistical summary shall Group of Coordinators Reporting of Article 60(1), Data include: (1b) Member States indirectly, as recognition processes Digital solutions a. The number of decisions statistics data providers through taken, broken down system use. i. By Member State ii. By profession iii. By type of recognition procedure iv. By outcome (decision) EN 24 EN  b. The statistics on processing times of applications and delays 4.2. Data High-level description of the data in scope Type of data Reference to the requirement(s) Standard and-or specification (if applicable) Digital qualification attestations of formal • Article 56b, 56c, 56d Electronic attestations of attributes as defined under qualification eIDAS Regulation and Commission Implementing • Article 56f Regulation 2024/2979(EU), OOTS evidence Non-digital evidences of formal qualification and • Article 56b, 56c, 56d Annex VII other supporting evidences (as listed in Annex VII) • Article 56f Personal information accompanying declarations • Article 56b, 56c, 56d n/a under article 7 and recognition procedures • Article 56f Annual statistical summary of recognition • Article 60(1), (1b) n/a procedures (includes numbers of decisions, breakdowns, outcomes, processing times and delays) Alignment with the European Data Strategy Explanation of how the requirement(s) are aligned with the European Data Strategy EN 25 EN  In terms of compliance with the General Data Protection Regulation, the main roles and responsibilities related to personal data protection are already set out in Article 56f. No data is planned to be published as open data. Alignment with the once-only principle Explanation of how the once-only principle has been considered and how the possibility to reuse existing data has been explored The use of the once-only technical system (OOTS) has already been envisaged for the retrieval of evidences of qualifications from competent authorities in the Member States. Additionally, the use of the EUDI Wallet as an option for uploading evidence in the central European Digital Recognition Solution facilitates the interoperable reuse by the citizen/professional of evidences already present in his/her wallet. Additionally, the application of the once-only principle will continue to be supported – as is the case already today – by the use IMI for cooperation between public administrations in the Member States. This cooperation helps public administrations avoid asking citizens for additional documents, in the cases where such information can be retrieved from other public administrations via IMI. Explanation of how newly created data is findable, accessible, interoperable and reusable, and meets high-quality standards • Personal data (including professional qualifications or information within recognition procedures) is in general not supposed to be findable or reusable. • Interoperability of evidence on professional qualifications is guaranteed through the use of EUDI Wallets or OOTS evidences. Such standard will ensure mutual understanding of qualifications between Member States. While these standards will not be used for all evidence types, at least in an initial stage, the supporting system will be ready to adapt to new standardised evidences as soon as they become available. • Statistical data on recognition procedures and on the use of the EDRS system, as indicated in Article 60, will be published by the EC on the public part of the RegProf database. • It is worth mentioning that, as already happening today (i.e. no changes compared to current situation): o Information on regulated professions, procedures, fees, and appeal routes will be findable and accessible by citizens on national online sites (as mandated by article 57). o Information on the list of regulated professions, including a general description of activities covered by each professional will EN 26 EN  be findable and accessible by citizens on the publicly available database of regulated professions set up by the Commission (as mandated by Article 59 (1)). Data flows High-level description of the data flows Type of data Reference(s) Actors who Actors who Trigger for the Frequency (if to the provide the receive the data data exchange applicable) requirement(s) data Application information accompanying Development, Professional Competent Submission of Once per declaration under article 7 and operation and (citizen) authority in host declaration under declaration recognition procedures use of the Member State Article 7 on EDRS European (via EDRS) by the professional Digital Recognition Solution. Processing of personal data Digital qualification attestations of Development, Professional Competent Application Once per formal qualifications operation and (citizen) authority in host preparation for application use of the Member State recognition European (via EDRS) procedure by Digital professional Recognition Solution. Digital qualification EN 27 EN  attestations as supporting evidence. Non-digital evidences of formal Development, Professional Competent Application qualifications and other supporting operation and (citizen) authority in host preparation for evidences (as listed in Annex 7) use of the Member State recognition European (via EDRS as procedure by Digital uploaded professional Recognition attachments) Solution Annual statistical summary of Statistics and European Group of Annually recognition procedures (includes reporting from Commission Coordinators numbers of decisions, breakdowns, the system. outcomes, processing times and delays) 4.3. Digital solutions High-level description of digital solutions Use of AI Reference(s) How is Digital Main mandated Responsible technologies to the How is accessibility catered for? reusability solution functionalities body (if requirement(s) considered? applicable) European Article 56b Key functions include: European The EDRS shall be accessible for The system will An AI module Digital and 56c Commission persons with disabilities by be built on is foreseen to • procedure Recognition complying with the existing (or in support the Article 60(1), configuration by Solution relevant accessibility requirements the process of decision- (1b) competent (EDRS) of the Web accessibility directive being built) making in the EN 28 EN  authorities (Directive (EU) 2016/2102) components, recognition including: procedure. • applicant Note: The AI creation-editing- capabilities withdrawal- • the IMI will act as a monitoring of workflow support, it will applications engine and not replace • submission of back-office human supporting module for oversight, the evidence from competent decisions on multiple sources authorities recognition, and formats including the • the • integration with upcoming IMI statement of reasons, SDG OOTS front-office should remain for citizens • integration with the sole EUDI Wallets • the responsibility existing of the • automated RegProf competent completeness database for authorities assessment information (against This will on regulated procedure include: professions requirements) of evidence and the application classification, requirements prior to evidence submission • the authenticity EUDI and veracity • Notifications to framework for detection applicant, issuing and (detection of including presenting tampering, immediate digital forgeries, acknowledgeme EN 29 EN  nt of receipt qualification etc.), upon attestations translation, submission of matching of • the the application evidence OOTS system integration with against for retrieving IMI for secure national evidences message procedure from exchange requirements competent between the (including authorities competent analysis of authorities of substantial Member States difference in training • requests for requirements), missing the evidence identification • deadlines for of similar home Member previously State and host assessed cases Member State with a view to competent promoting authorities consistency in decision- • Searches for making alternative evidence by host Member competent authority if home Member State’s competent EN 30 EN  authority delays in providing requested evidence • secure communication with applicants • support for authorities through machine translation, completeness assessment in line with national requirements, and authenticity verification of provided evidence • transparent status information on the progress of application • issuing final decisions as digital qualification EN 31 EN  attestations. • Statistical reporting on the implementation of the directive (including the number of decisions taken, broken down by Member State, by profession, by type of procedure and by outcome, as well as statistics on processing times and delays) For each digital solution, explanation of how the digital solution complies with applicable digital policies and legislative enactments EDRS Digital and-or sectorial policy (when these are Explanation on how it aligns applicable) AI Act The system will implement dedicated AI functionalities to process documents submitted by applicants. These functionalities do not involve any of the practices prohibited under Article 5 of Regulation (EU) 2024/1689. They are limited to EN 32 EN  narrow procedural tasks, namely document classification and the detection of tampering, and do not perform profiling of natural persons; all outcomes are subject to human review and no decision affecting applicants is taken automatically by the system. On that basis, the functionalities are not expected to be classified as high- risk, in line with Article 6(3)(a) and (c) of the AI Act, and this assessment will be documented as required before deployment. Compliance with the transparency obligations under Article 50 will be verified at the design stage and the necessary information provided to applicants where those obligations apply. Should the functionalities rely on general-purpose AI models, these are expected to be made available through the European Commission's corporate AI services, the related obligations under Articles 53 to 55 resting with the provider of the model; the applicable requirements will be verified accordingly. EU Cybersecurity framework No specific cybersecurity requirements are mandated by the legislative proposal. eIDAS Integration of the EDRS system with the EUDI Wallets ecosystem is foreseen, in order to allow applicant to store digital qualification attestations of formal qualifications in a format of electronic attestations of attributes. This also entails that eIDAS-compliant authentication to the system will be required. EU Login will be used for this purpose. Additionally, the integration with the EUDI ecosystem is foreseen to allow the EDRS system to issue the attestation of the final decision of the recognition process as a digital credential in the format of electronic attestations of attributes, directly to the Wallet of the applicant. Single Digital Gateway and IMI The EDRS will be built based on IMI (both for the citizen/applicant front-office module and the back-office module for competent authorities), and it will be integrated with IMI message exchange module. Others • SPI Action 1: The action 1 of the Skills Portability Initiative will define the format of the EUDI digital qualification attestations to be issued by EN 33 EN  competent institutions in the Member States and uploaded by the citizen during the recognition process. Synchronisation with action 1 is then crucial. • ESCO: In order to improve interoperability, a mapping between the current classification of professions in the RegProf database and the ESCO classification is foreseen. • Europass: Europass could serve as both the starting point and the application interface. Applicants could retrieve information already stored in Europass to populate their application and prepare and submit their recognition request directly through the platform. 4.4. Interoperability assessment High-level description of the digital public service(s) affected by the requirements Digital public Description Reference(s) to the Interoperable Other interoperability solution(s) service or category requirement(s) Europe Solution(s) of digital public services European Digital Service used by applicants and Article 56b and 56c n/a IMI, EUDI Wallets qualification competent authorities to manage Article 60(1), (1b) recognition service the overall recognition process. Impact of the requirement(s) as per digital public service on cross-border interoperability Digital recognition service Assessment Measure(s) Potential remaining barriers (if applicable) Alignment with existing digital and • The service will need to be aligned - EN 34 EN  sectorial policies with the eIDAS Regulation and its implementing acts in order to support Please list the applicable digital and retrieval and storage of digital sectorial policies identified qualification attestations in the format of electronic attestations of attributes as set out in the Commission Implementing Regulation (EU) 2024/2979. • Provision included in the AI act will also need to be reviewed and verified during the design and implementation phase of the service, and appropriate measures and safeguards put in place to ensure transparency, personal data protection and the prevailing of human oversight over AI recommendations and outputs in the recognition decision process • The IMI regulation will also apply as the system will be mainly based on IMI components. • SPI Action 1: Action 1 of the Skills Portability Initiative will define the format of the EUDI digital qualification attestations to be issued by competent institutions in the Member States and uploaded by the citizen during the recognition process. Organisational measures for a • The service is run under the - EN 35 EN  smooth cross-border digital public responsibility of the European services delivery Commission, including its operations, and leverages on the existing IMI Please list the governance measures organisation and governance. foreseen • The service will provide multilingual support to make sure that it can be smoothly used by applications and administrations in all MSs. • Article 56c mandates Member States to ensure that all declarations and requests for recognition are submitted through the system (apart from exceptional case). Measures taken to ensure a shared • Information on regulated professions • Non-standard qualifications and other evidences understanding of the data (included in the RegProf database, (e.g. manually scanned documents) might continue Please list such measures part of IMI) will be standardised to pose an interoperability problem. Complete across Member States and reused by standardisation of all possible documentation (e.g. the EDRS. This measure will include in digital qualification attestation format), a mapping between the current including documents not strictly related to the taxonomies used in RegProf to professional qualification process, is not realistic in classify professions and the ESCO the short-term. However, all standardisation efforts classification. will be supported where necessary, and the service will be adapted to support new digital evidence in • Qualifications in digital qualification standard format. attestations format will also be standardised, in synergy with the work being carried out by SPI action 1. Use of commonly agreed open • OOTS (once-only technical system) EN 36 EN  technical specifications and will be integrated and related standards specifications (e.g. on evidence format) used for interoperability. Please list such measures • The EUDI framework, including technical specifications and reference standards, will be reused to support digital qualification attestations for professional qualifications and (where possible) other documents. The SPI action 1 will define the exact format of the digital qualification attestations for qualifications. 4.5. Measures to support digital implementation High-level description of measures supporting digital implementation Description of the measure Reference(s) to the requirement(s) Commission Actors to be Expected timeline role involved (if applicable) (if applicable) (if applicable) Pilot project for the use of AI in The use of AI capabilities, such as a chatbot, is Commission Before end of application assessment for the being considered to support applicants during the (EMPL.B5) and/ 2026/Q1 2027 applicant application preparation stage. This functionality or contractor would assist applicants by answering questions related to their application for the recognition of professional qualifications or to a declaration under Article 7 for the provision of services. Where necessary, it would also direct applicants to EN 37 EN  the relevant national assistance centres for further support in resolving their queries. A pilot project would be needed to assess this use case and evaluate how it should function in practice. Setting up of sub-groups to assist In accordance with Article 5 (3) of Commission Support and Commission in the work of the GoC (Group of decision of 19 March 2007 setting up the group of facilitation Coordinators) coordinators for the recognition of professional qualifications (2007/172/EC), subgroups could be set up when the Commission’s representative deems that the involvement of experts or observers with specific competence on a subject on the agenda of the Group of Coordinators is necessary. Setting up working groups in Working groups would need to be set up in the Support and Commission, Member States for acceptance and Member States to coordinate the testing activities facilitation Member States roll-out of EDRS during the delivery phases of the project Data Protection Impact Under Regulation (EU) 2018/1725, a data Controller Commission Assessment (DPIA) protection impact assessment (DPIA) is required (EMPL.B5, before processing where a type of processing is EMPL.A4, DPC likely to result in a high risk to the rights and of EMPL, freedoms of natural persons, in particular when DPO), EDPS using new technologies and taking into account (optional) the nature, scope, context and purposes of the processing. In the context of EDRS, a DPIA would be required due to the following reasons: EN 38 EN  1. Systematic and extensive evaluation of personal aspects based on automated processing, including profiling, where decisions are based on that processing and those decisions produce legal effects concerning the person or similarly significantly affect them; 2. Use of new or innovative technologies; 3. Processing on a large scale of special categories of data referred to in Article 10; For EDRS, the special category of data under Article 10 that would apply are for cases when: a. The processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law b. The processing is necessary for reasons of substantial public interest, on the basis of Union law which shall EN 39 EN  be proportionate to the aim pursued, respect the essence of the right to data protection c. the processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union law d. the processing is pursuant to contract with a health professional e. the processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of Union law 4. Processing of personal data relating to criminal convictions and offences referred to in Article 11 EN 40 EN  Contents of a DPIA: According to Article 39 (7), the DPIA must contain at least: 1. A systematic description of the envisaged processing operations and the purposes of the processing, including where applicable, the legitimate interest pursued by the controller 2. An assessment of the necessity and proportionality of the processing operations in relation to the purposes 3. An assessment of the risks to the rights and freedoms of data subjects 4. The measures envisaged to address the risks, including safeguards (e.g., encryption, pseudonymisation, incident response procedures, logging and audit trails, etc.) , security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons EN 41 EN  concerned. EDPS prior consultation If the DPIA indicates that the processing would Controller Commission result in a high risk in the absence of measures (EMPL.B5, taken to mitigate the risk, the controller DPC of EMPL, (Commission in the case of EDRS) must consult DPO), EDPS the EDPS prior to processing. This is covered by Article 40 of Regulation (EU) 2018/1725. When consulting the European Data Protection Supervisor, 1, the controller shall provide the European Data Protection Supervisor with: a. the respective responsibilities of the controller, joint controllers (where applicable) and processors involved in the processing; b. the purposes and means of the intended processing; c. the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this Regulation; d. the contact details of the data protection officer; EN 42 EN  e. the data protection impact assessment provided; f. any other information requested by the European Data Protection Supervisor. Accessibility assessment of the • Ensure equal access and inclusion for use Commission Before roll-out of digital platform of the tool by all individuals, including EDRS tool persons with disabilities, thereby supporting non-discrimination • Improve overall usability and user experience • Identify potential accessibility issues at an early stage • Reduce operational, compliance and reputational risks • Ensure compatibility with relevant assistive technologies, such as screen readers, magnification software, voice recognition tools, and keyboard-only navigation. EN 43 EN