Report 2011 - EFTA Court

2005/36/EC for a right to mutual recognition of professional
qualifications (authorisation as a medical doctor without limitations),
when the professional experience of the applicant in Norway has
unveiled insufficient professional qualifications?
II LEGAL BACkGROUND
EEA law
11 Article 30 of the EEA Agreement (“EEA”) reads:
In order to make it easier for persons to take up and pursue activities
as workers and self-employed persons, the Contracting Parties shall
take the necessary measures, as contained in Annex VII, concerning
the mutual recognition of diplomas, certificates and other evidence of
formal qualifications, and the coordination of the provisions laid down
by law, regulation or administrative action in the Contracting Parties
concerning the taking up and pursuit of activities by workers and selfemployed
persons.
12 Decision 142/2007 of 26 October 2007 of the EEA Joint
Committee amended Annex vii to the EEA Agreement by adding
Directive 2005/36/EC (“the Directive”) to point 1 of that Annex
(OJ 2005 L 255, p. 22). The Decision entered into force on 1 July
2009. The Directive was subsequently amended in Commission
Regulation (EC) 1430/2007 of 5 December 2007 and in
Commission Regulation (EC) 755/2008 of 31 July 2008, which
were incorporated into the EEA Agreement by Joint Committee
Decisions 50/2008 and 127/2008 respectively.
13 Article 1 of the Directive states:
This Directive establishes rules according to which a Member
State which makes access to or pursuit of a regulated profession
in its territory contingent upon possession of specific professional
qualifications (referred to hereinafter as the host Member State) shall
recognise professional qualifications obtained in one or more other
Member States (referred to hereinafter as the home Member State)
and which allow the holder of the said qualifications to pursue the
same profession there, for access to and pursuit of that profession.
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