The recognition of professional qualifications laid down in Directive 2005/36/EC enables the free movement of professionals, such as those existing in the field of insurance intermediaries, within the EU.
On 21 June 2018, the EU Commission published a notice to stakeholders in relation to the “Withdrawal of the United Kingdom and EU rules in the field of regulated Professions and the recognition of Professional Qualifications”. A copy of the notice can be found here. The Commission has advised that this will have the following consequences:
The withdrawal of the UK does not affect decisions on the recognition of professional qualifications obtained in the UK taken before the withdrawal date. This is on the basis of Directive 2005/36/EC.
As of the withdrawal date, UK nationals will be third country nationals and Directive 2005/36/EC will not apply to them. This means that the recognition of UK nationals in an EU-27 Member State will be governed by the national policies and rules of that Member State. This applies irrespective of where the qualifications were obtained.
Further, the temporary or occasional provision of services by UK nationals even if they are already legally established in an EU-27 Member State will be governed by the national policies and rules of that Member State.
In respect of EU-27 nationals the Commission has advised that, qualifications obtained in the UK as of the withdrawal date are third country qualifications for the purposes of the EU law and will no longer be covered by the recognition regime under Directive 2005/36/EC, but in accordance with Article 2(2) of Directive 2005/36/EC, the national policies and rules of the EU-27 Member States.
The Commission has advised that EU-27 nationals holding UK professional qualifications obtained before the withdrawal dates, should consult the relevant national authorities to assess whether it is advisable to obtain, before the withdrawal date, the recognition of UK professional qualifications in an EU-27 Member State.