SWOD Newsflash Ref 2021/746

BREXIT leads to revised government policy PoA for occasional/temporary work divers/diving supervisors from the United Kingdom

Recently, the Ministry of Economic Affairs, through the intermediary of the Ministry of Social Affairs and Employment, as coordinating Ministry, has given a definite answer on the consequences of the Withdrawal Agreement (2010/C 384 I/01) of the UK in relation to the EU.

As a result of the entry into force of the Withdrawal Agreement, the free movement of services between the UK and Europe has been dissolved with effect from 1 January 2021.

After January 1, 2021, no more certificates (proof of assessment (PoA)) had been issued for temporary and incidental work by divers, diving supervisors and diving medical attendants from the UK. However, the Ministry of Economic Affairs has indicated that the PoAs issued before January 1, 2021, with the entry into force of the agreement, have lost their validity as of January 1, 2021.

No agreements have been made between the UK and Europe or bilaterally with the Netherlands that have led to a settlement or agreement whereby the validity of these PoAs could be maintained. This means that the EU Professional Qualifications Recognition Act no longer applies to professionals from the UK.

Temporary and incidental work can therefore no longer be performed by professionals from the UK on the basis of the PoA provided at the time. The certification bodies are therefore forced to withdraw the PoAs issued at the time with retroactive effect to January 1, 2021 and to register them as such in the public register. If this professional from the UK wishes to provide his services in the Netherlands, this will have to take place under the same conditions as for professionals from outside the EU.

This means that the professional from the UK must be tested in accordance with the current certification/registration schemes. If this requirement is met, this will lead to the issuance of a certificate/registration in accordance with the current certification/registration scheme.

The certification bodies have been requested to inform the PoA holders