Considerations on COM(2023)502 - Amendment of and correcting Directive 2005/36/EC as regards the recognition of professional qualifications of nurses responsible for general care trained in Romania - Main contents
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dossier | COM(2023)502 - Amendment of and correcting Directive 2005/36/EC as regards the recognition of professional qualifications of nurses ... |
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document | COM(2023)502 ![]() |
date | February 7, 2024 |
specific acquired rights provisions apply to the recognition of certain professional qualifications as nurse responsible for general care issued in Romania.
(2)Nurses responsible for general care whose training did not meet the minimum requirements under Directive 2005/36/EC and started before the accession of Romania to the EU, can benefit from recognition under Article 33a of Directive 2005/36/EC if they fulfil the requirements specified therein. If these requirements are not met, the application for recognition is assessed by the host Member State under the general system of recognition in line with Articles 10 to 14 of Directive 2005/36/EC.
(3)There is no specific reference to Article 33a of Directive 2005/36/EC in its Article 10(b) due to an error. To make it clear that Articles 10 to 14 of Directive 2005/36/EC apply in the situation where the nurse does not meet the requirements under Article 33a, this error should be corrected.
(4)Romania has set up a special upgrading programme to enable participants to upgrade their professional qualifications to satisfy all the minimum training requirements set out for the profession of nurse responsible for general care in Directive 2005/36/EC. For this purpose, Romania liaised beforehand with other Member States and the Commission.
(5)Romania introduced the programme via Joint Order of the Minister of National Education and of the Minister of Health No 4317/943/2014 8 . It was endorsed by the Romanian Order of Nurses, Midwives and Medical Assistants and by Order of the Minister of National Education No 5114/2014 9 .
(6)That special upgrading programme was set up for holders of the evidence of formal qualifications referred to in Article 33a of Directive 2005/36/EC, as well as for holders of evidence of certain post-secondary qualifications listed in Article 4 of the Order of the Minister of National Education No 5114/2014.
(7)Romania presented the results of the special upgrading programme in 2018 to the relevant expert group (Group of coordinators for the recognition of professional qualifications) and, following consultations, no Member State objected to the proposal that the graduates should benefit from a more favourable recognition regime.
(8)On 11 May 2020, the Commission published, under Article 60(2) of Directive 2005/36/EC, a report on the results of the special upgrading programme 10 . The report concludes that Romania implemented the upgrading programme negotiated beforehand with the Member States to enable its participants to upgrade their qualifications to meet the minimum requirements set out in Directive 2005/36/EC.
(9)In order to include the special upgrading programme in the criteria for the recognition under acquired rights specific to nurses responsible for general care trained in Romania, it is appropriate to adapt Article 33a of Directive 2005/36/EC so that nurses with relevant evidence of completing the programme can benefit from recognition without the need to prove professional experience in Romania, as is currently the case.
(10)Directive 2005/36/EC should therefore be amended and corrected accordingly.