CLEAR News - Winter 2002
International News
CLEAR Outreach to Ireland Prompts Fall Visit
CLEAR Past President Donna Mooney and staff member Adam Parfitt met in
early November with representatives from seven regulatory boards and
agencies in Dublin, Ireland. An invitation had been extended to meet
with the bodies by Eugene Donohue, Registrar of the Irish Nurses
Board, following his attendance at the 2001 rescheduled annual
conference in San Antonio. Of particular interest was the explicit
focus on consumer protection and the openness of the regulatory
process in North America.
Representatives from the Opticians Board, National Social Work
Qualifications Board, Pharmaceutical Society, Dental Council, Medical
Council, Pre-Hospital Emergency Care Council, and the Nursing Board
took part in the meeting at which Donna outlined the regulatory models
in North America, and spoke about the disciplinary process, continuing
competence, professional mobility, and other aspects of regulatory
practice before taking questions from her audience. The group also
learned about CLEAR and its role as an information sharing
organization and a number of those present expressed an interest in
continuing a dialogue with the organization. The Nursing Board
indicated that it will be joining CLEAR and others present will be
requesting further information.
Professions Resistant to Proposed EU Directive on
Recognition of Professional Qualifications
October 1, 2002 saw the European Parliament's Committee on Legal
Affairs and the Internal Market hold a public hearing on the
Commission's proposal for a draft directive, about
which previous editions of CLEAR News has reported. Opposition
to certain aspects of the proposal has emerged and the hearing allowed
the professions (most notably those governed by their own
"sectoral directives" - an
explanation of directives is available) to give voice to their concerns.
An extensive set of the position papers presented
to the committee can be found on the European Parliament Hearings web
page, and closer
reading of the material reveals opposition in key areas includes the
removal of the separate advisory committees (for
those professions governed by sectoral directives) and their
replacement by one over-arching committee. Those petitioning the
committee were concerned at the loss of these profession-specific
bodies that served to examine the diplomas of training, particularly
important given the mutual recognition of qualifications among the
Member States. The representative of the Architects Council of Europe
said of the role of the advisory committees, "this independent review of new or revised
diplomas assures the quality of architectural training, thus ensuring
that the interests of the consumer and the European citizen are
protected. Its abolition would deprive Member States of an existing
right and control that has been prudently and effectively exercised
over the past 15 years and it would impact on the standards of the
profession."
Indeed each of the seven professions governed
by the sectoral directives signed the following statement:
Joint
position of the sectoral professions to the proposal for a directive
on the recognition of professional qualifications
All the professions covered by the sectoral
directives consider it crucial to maintain a clear separation of the two
existing regimes (the sectoral and the general) in any new directive.
As a consequence, the sectoral professions favor the establishment of
different committees instead of the single one that has been envisaged
in the current proposal. One single committee cannot adequately manage
the two different regimes. Furthermore there is a clear need for the
specific inputs of the different sectoral professions which must be
clearly formalized and guaranteed in the directive itself.
All the sectoral professions firmly assert
the necessity of maintaining the sectoral regime, which has proven to
be more efficient in facilitating free movement within the European
Union than the general directive.
The proposal will shortly be debated by the
Committee and CLEAR News will provide readers with news as it
becomes available.
GATS: Post-Doha
Negotiations Update
Following the meeting of Ministers in Doha in
November 2001, the latest round of General Agreement on Trade in
Services (GATS) is nearing completion. The deadline for initial
requests from one country to another regarding the removal of barriers
to trade was June 30, 2002 while initial offers to accede to those
requests are due by March 31, 2003. Various nations have submitted
requests, with Australia notably active. It has made requests to 33
Members and held 26 bilateral meetings discussing its requests with
trading partners during the WTO GATS Council Special Session in
Geneva, July 15-25, 2002. Its requests have included the following
sectors: accountancy, architecture, engineering, legal services,
construction, education and financial. Among its concerns is the
perceived "lack of transparency in domestic regulation,
particularly in the administration of licensing arrangements", as
well as "issues relating to the recognition of Australian
qualifications" and "strict quotas on the number of foreign
firms that can be established in a local market." Australia has
received 17 requests from its own trading partners for new commitments
or changes to current limits. The 17 requests include a broad variety
of GATS sectors.
Meanwhile in the United Kingdom, the Government launched
a consultation on GATS on October 10, 2002. The Department of Trade
and Industry is formally seeking views on the current round of trade
negotiations. Titled
"Liberalising Trade in Services - a New Consultation" the
document focuses on the requests that have been received by the UK and
the European Union (EU). It divides the numerous requests into sectors and
includes a variety that pertain to professional services.
Related
Links:
An
updated list of requests made by WTO Members
In other International News
CLEAR learns that UK
pharmacists are to receive prescriptive power in 2003, while a decree
in the United Arab Emirates announces the establishment of licensure
for veterinarians.