Commission Regulation (EU) No 213/2011 of 3 March 2011 amending Annexes II and V to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications Text with EEA relevance

• Published date: 04 March 2011
• Subject Matter: Freedom of establishment
• Official Gazette Publication: Official Journal of the European Union, L 59, 4 March 2011

4.3.2011 EN Official Journal of the European Union L 59/4

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COMMISSION REGULATION (EU) No 213/2011

of 3 March 2011

amending Annexes II and V to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1), and in particular the second paragraph of Article 11 and the second paragraph of Article 26,

Whereas:

(1) Austria has requested the insertion in Annex II to Directive 2005/36/EC of 10 training programmes related to healthcare. These training programmes are regulated by the Healthcare and Nursing Special Task Ordinance (GuK-SV BGBl II No 452/2005) and the Healthcare and Nursing Teaching and Management Duties Ordinance (GuK-LFV BGBl II No 453/2005).

(2) As these Austrian training programmes are of an equivalent level of training to that provided for under Article 11(c)(i) of Directive 2005/36/EC and provide a comparable professional standard and prepare the trainee for a comparable level of responsibilities and functions, their inclusion on the basis of Article 11(c)(ii) in Annex II to Directive 2005/36/EC is justified.

(3) Portugal has submitted a reasoned request to include in point 5.1.3 of Annex V to Directive 2005/36/EC specialist medical training in medical oncology.

(4) Medical oncology aims at offering a systemic treatment of cancer. The treatment of cancer patients has undergone major changes over the last decade due to scientific progress. Specialist medical training in medical oncology is not listed in point 5.1.3 of Annex V to Directive 2005/36/EC. However, medical oncology has developed into a separate and distinct specialist medical training in more than two fifths of the Member States, which justifies its inclusion into point 5.1.3 of Annex V to Directive 2005/36/EC.

(5) In order to ensure a sufficiently high level of specialist medical training, the minimum period of training required for the medical specialty of medical oncology to be automatically recognised should be five years.

(6) France has submitted a reasoned request to include in point 5.1.3 of Annex V to Directive 2005/36/EC specialist medical training in medical genetics.

(7) Medical genetics is a specialty that responds to the rapid development of knowledge in the field of genetics and its implication in numerous specialised fields, such as oncology, foetal medicine, paediatrics, chronic diseases. Medical genetics plays a growing role in screening and in the prevention of numerous pathologies. Specialist medical training in medical genetics is not listed in point 5.1.3 of Annex V to Directive 2005/36/EC. However, it has developed into a separate and distinct specialist medical training in more than two fifths of the Member States, which justifies its inclusion into point 5.1.3 of Annex V to Directive 2005/36/EC.

(8) In order to ensure a sufficiently high level of specialist medical training, the minimum period of training required for the medical specialty of medical genetics to be automatically recognised should be four years.

(9) Directive 2005/36/EC should therefore be amended accordingly.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Recognition of

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