Dáil Éireann Debate, Tuesday - 28 April 2026
1297. Deputy Carol Nolan asked the Minister for Further and Higher Education, Research, Innovation and Science to provide details on all open EU infringement proceedings where the subject of the infringement relates to the functions of his Department; the reason the infringement proceedings were initiated; the procedural stage of the infringement proceedings; and if he will make a statement on the matter. [30269/26]
Amharc ar fhreagraI can confirm for the Deputy that my Department is currently engaged in one open EU infringement proceeding, the requested details of which are set out in the attached document for the Deputy's attention.
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DFHERIS EU Infringement Procedures Status |
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Title |
[INFR(2024)2110], ‘Failure by Ireland to comply with the freedom to provide services due to unjustified prior checks of professional qualifications’. |
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Background |
The Irish National Co-ordinator which is based within DFHERIS is responsible for the implementation of Directive 2005/36/EC, the Professional Qualifications Directive and maintains regular contact with the relevant competent authorities on an ongoing basis, providing information and advice on their responsibilities under the directive. |
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Letter of Formal Notice |
The European Commission issued a Letter of formal notice (LFN) of infringement to Ireland, on the 16th of December 2024, regarding non-compliance with certain provisions of Directive 2005/36/EC, the Professional Qualifications Directive in relation to eight specified professions. A formal response providing full detail was sent to the commission in February 2025. |
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Current Status Update |
The DFHERIS National Co-ordinator with responsibility for this Directive, engaged with the Competent Authorities with responsibility for the seven professions named in the Letter of Formal Notice (LFN) and reviewed the information available on the Internal Market Information System, for the period within which the LFN referred. In response to the LFN, my officials identified that five of the professions named in the LFN did not actually require prior checks in cases of temporary provision of services. The entries for these professions were revised on the Internal Market Information System to more accurately reflect their status. Two of the professions named in the LFN, it was noted that the relevant Competent Authorities, invoked their right to check the professional qualifications of the service provider prior to the first provision of services on an occasional or temporary basis, as provided for in Article 7(4) of Directive 2005/36/EC (the Professional Qualifications Directive). The respective Competent Authorities attested that their requirements for prior checks meet the standard outlined under Article 7(4): Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose. The Competent Authorities provided their rationale for retaining the prior checks due to health and safety concerns for citizens availing of a service from a citizen who is occasionally or temporarily working in Ireland.The remaining one remaining profession listed in the LFN was not a regulated profession in Ireland at that time of the LFN issued and a decision on whether to require a prior check had not yet been taken.A full and detailed response, with the rationale from competent authorities, was sent by my Department to the European Commission in February 2025. The National Coordinator in DFHERIS has sought an update on the closure of this infringement proceeding and our formal response to the LFN and has been advised that it forms part of a process covering several Member States and will take some time for the Commission to provide further updates. |
