This is the final part of a two-part series on maximising gains from the India-EC trade and investment agreement
A more viable alternative regarding the issue of recognition of qualifications would be a specific chapter on recognition of qualifications which should entail obligations by the governments of both sides, in contrast to mutual recognition agreements (MRA) which would be negotiated between corresponding professional associations.
We could strive for obligations, though not overly ambitious and possibly for some parameters like language requirements, even best endeavour clauses. This could be on the lines of the disciplines on domestic regulations being negotiated multilaterally, which we all know, is likely to be in deep freeze for quite sometime.
Further, it could serve as a basis for future MRAs, whenever they do emerge. This would require, in some cases, corresponding domestic reforms in India, reforms which might otherwise be difficult to push.
This has the advantage of direct government?government negotiations and would include concrete obligations/best endeavour clauses, possibly subject to the general dispute settlement provisions of the India-EC trade and investment agreement. This could lead the EC to suggest similar disciplines on licensing procedures which they have been pushing in WTO but that should not prove to be problematic for us.
The basic contours of such regulations should be a fast track mechanism for recognition of each others? qualifications?both educational and professional, assessment of deficiency of such qualifications and opportunities to meet up such deficiencies not necessarily in the host country but also in home country or third countries.
As a negotiating option, specific sectors/professions could be taken up if general applicability to all sectors is problematic, even though the latter is clearly preferable.
To the extent that the EU directive on recognition of qualifications applies, at present, to seven professions, this could be more easily achieved for them by seeking their extension to Indian qualifications.
Where this is unrealistic, there could at least be the principle of transitivity whereby successful recognition of qualifications in one member state would automatically enable practice in all other member states in that profession. For those professions not yet covered by the EC directives, the basic principles enumerated earlier will have to be adopted.
To conclude, the India-EC trade and investment agreement is likely to provide clear benefits for India in services, provided the ground rules based on the above parameters are agreed to up-front. Otherwise, it might just become another long and frustrating Doha Round or a sub-optimal result in services which we can ill afford.
?The writer is CEO, West Bengal Industrial Infrastructure Development Corporation