Liechtenstein fails to implement EU legislation concerning mutual recognition of professional qualifications

The EFTA Surveillance Authority yesterday sent a reasoned opinion to Liechtenstein due to the failure by that State to fully and correctly implement Directives 85/384/EEC [1] and 2001/19/EC [2] concerning recognition of professional qualifications into its national law.

The Directives should have been implemented into national law by 1 May 1995 and 1 February 2003, respectively.

Directive 85/384/EEC aims to recognize automatically the professional qualifications in architecture. Directive 2001/19/EC amends several Directives in the field of mutual recognition of professional qualifications, amongst them Directive 85/384/EEC. It lays down principles established by the European Court of Justice and aligns certain recognition procedures.

Under Article 7 of the EEA Agreement, Liechtenstein is obliged to implement all directives referred to in the Annexes to the EEA Agreement. The purpose of the reasoned opinion is to give Liechtenstein a last chance to adopt the legislation necessary to achieve a full and correct implementation of the Directives before taking the matter to the EFTA Court.

[1] Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.

[2]   Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

For further information, please contact:

Mr. Hallgrímur Ásgeirsson
Director, Internal Market Affairs Directorate
Tel. (+32)(0)2 286 18 60   or

Mr. Bernhard Zaglmayer
Officer, Internal Market Affairs Directorate
Tel. (+32)(0)2 286 18 85

13 September 2007