Official Journal of the European Union 30.9.2005 DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 September 2005 on the recognition of professional qualifications (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 40, Article 47(1), the first and third sentences of Article 47(2), and Article 55 thereof, Having regard to the proposal from the Commission (*), Having regard to the opinion of the European Economic and Social Committee (), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: Pursuant to Article 3(1)(c) of the Treaty, the abolition, as between Member States, of obstacles to the free move- ment of persons and services is one of the objectives of the Community. For nationals of the Member States, this includes, in particular, the right to pursue a profession, in a self-employed or employed capacity, in a Member State other than the one in which they have obtained their professional qualifications. In addition, Article 47(1) of the Treaty lays down that directives shall be issued for the mutual recognition of diplomas, certificates and other evidence of formal qualifications. Following the European Council of Lisbon on 23 and 24 March 2000, the Commission adopted a Communi- cation on ‘An Internal Market Strategy for Services', aimed in particular at making the free provision of services within the Community as simple as within an individual Member State. Further to the Communication from the Commission entitled ‘New European Labour Markets, Open to All, with Access to All', the European Council of Stockholm on 23 and 24 March 2001 entrusted the Commission with presenting for the 2002 Spring European Council specific proposals for a more uniform, transparent and flexible regime of recognition of qualifications. () OJ C 181 E, 30.7.2002, p. 183. () O] C 61, 14.3.2003, p. 67. (®) Opinion of the European Parliament of 11 February 2004 (O] C 97 E, 2242004, p 21 December 2004 (O] C 58 E, 8.3.2005, p. 1) and Position of the European Parliament of 11 May 2005 (not yet published in the Offi- cial Journal). Council Decision of 6 June 2005. 230), Council Common Position of G) The guarantee conferred by this Directive on persons having acquired their professional qualifications in a Member State to have access to the same profession and pursue it in another Member State with the same rights as nationals is without prejudice to compliance by the migrant professional with any non-discriminatory condi- tions of pursuit which might be laid down by the latter Member State, provided that these are objectively justi- fied and proportionate. In order to facilitate the free provision of services, there should be specific rules aimed at extending the possibi- lity of pursuing professional activities under the original professional title. In the case of information society services provided at a distance, the provisions of Direc- tive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of infor- mation society services, in particular electronic commerce, in the Internal Market (), should also apply. In view of the different systems established for the cross- border provision of services on a temporary and occa- sional basis on the one hand, and for establishment on the other, the criteria for distinguishing between these two concepts in the event of the movement of the service provider to the territory of the host Member State should be clarified. The facilitation of service provision has to be ensured in the context of strict respect for public health and safety and consumer protection. Therefore, specific provisions should be envisaged for regulated professions having public health or safety implications, which provide cross-frontier services on a temporary or occasional basis. Host Member States may, where necessary and in accordance with Community law, provide for declaration requirements. These requirements should not lead to a disproportionate burden on service providers nor hinder or render less attractive the exercise of the freedom to provide services. The need for such requirements should be reviewed periodically in the light of the progress made in establishing a Community framework for administrative cooperation between Member States. () OJ L 178, 17.7.2000, p. 1.