S.I. No. 372/2003 - European Communities (Recognition of Qualifications and Experience) Regulations 2003

1. Where the taking up or pursuit of any activity mentioned in Annex A to the Directive is subject to possession of general, commercial or professional knowledge and ability, the competent authority shall accept as sufficient evidence of such knowledge and ability the fact that such activity has been pursued in another Member State.

2. Without prejudice to the generality of paragraph 1, where the activity is mentioned in Part One of Annex A to the Directive, such activity must have been pursued by the applicant-

(a) in the case of the activities in List I

(i) for 6 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii) for 3 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iii) for 3 consecutive years in a self-employed capacity where the applicant proves that he or she has pursued the activity in question for at least 5 years in an employed capacity, or

(iv) for 5 consecutive years in a managerial capacity of which at least three years were spent in technical posts with responsibility for one or more departments of the undertaking where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

and

in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the date of the application for the certificate, or

(b) in the case of the activities in List II

(i) for 6 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii) or 3 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements, or

(iii) for 4 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 2 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iv) for 3 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has pursued the activity in question for at least 5 years in an employed capacity, or

(v) for 5 consecutive years in an employed capacity where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements or

(vi) for 6 consecutive years in an employed capacity where the applicant proves that he or she has received at least 2 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements and

in the cases referred to in sub-paragraphs (i) and (iv), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the date of the application for the certificate, or

(c) in the case of the activities in List III

(i) for 6 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii) for 3 consecutive years in a self-employed capacity or as a manager of an undertaking, where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iii) for 3 consecutive years in a self-employed capacity where the applicant proves that he or she has pursued the activity in question for at least 5 years in an employed capacity,

and

in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the date of the application for the certificate, or

(d) in the case of the activities in List IV

(i) for 5 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii) for 2 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iii) for 3 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 2 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iv) for 2 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has pursued the activity in question for at least 3 years in an employed capacity, or

(v) for 3 consecutive years in an employed capacity where the applicant proves that he or she has received at least 2 years' previous training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements or

(e) in the case of the activities in List V(a) and (b)

(i) for 3 years in a self-employed capacity or as a manager of an undertaking, provided that pursuit of the activity in question did not cease more than 2 years before the date on which the application for the certificate is made, or

(ii) for 3 years in a self-employed capacity or as a manager of an undertaking, provided that pursuit of the activity in question did not cease more than 2 years before the date on which the application is made for the certificate, unless the Member State in which the activity in respect of which the certificate is sought permits its nationals to interrupt their pursuit of that activity for a longer period, or

(f) in the case of the activities in List VI

(i) for 3 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii) for 2 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received prior training for the activity in question attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iii) for 2 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has pursued the activity in question for at least 3 years in an employed capacity, or

(iv) for 3 consecutive years in an employed capacity where the applicant proves that he or she has received previous training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

and

in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the date of the application for the certificate.

3. Where the applicant has worked in a self-employed capacity, employed capacity or as a manager of an undertaking and the duration of the training he or she has received is not less than 2 years but is less than 3 years, the requirements of sub-paragraph (a)(ii), (a)(iv), (b)(ii) (b)(v), (c)(ii), or (d)(ii) of paragraph 2 shall be satisfied provided that the time he or she has spent working and the time he or she has spent training together equal -

(a) in the cases of subparagraphs (a)(ii), (b)(ii), and (c)(ii), 6 years;

(b) in the cases of subparagraphs (a)(iv), and (b)(v), 8 years;

(c) in the case of subparagraph (d)(ii), 5 years.

4. A person shall be regarded as having pursued an activity as a manager of an undertaking for the purposes of this Schedule if he or she has pursued such an activity in an undertaking in the occupational field in question

(a) as a manager of an undertaking or a manager of a branch of an undertaking,

(b) as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented, or

(c) in a managerial post with duties of a commercial or technical nature, or both, and with responsibility for one or more departments of the undertaking.

GIVEN under my Official Seal,

19

th

August

2003.

Minister for Education and Science.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations

15

is to give legal effect to Council Directive No. 99/42/EC of 7

th

June, 1999. This Directive established a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications.

1

O.J. No. L 201. 31.7.99. p. 77.

5. (1) Subject to this Regulation, the competent authority may revoke a certificate where it is satisfied that -

(a) the certificate in question was issued in reliance upon a representation or declaration in respect of which a person has been convicted of an offence under Regulation 4, or

(b) information in reliance upon which the certificate concerned has been issued is not correct or is not correct in a material particular and that the experience or qualifications to which the certificate attests have not been attained.

(2) Where the competent authority proposes to revoke a certificate, it shall by notice in writing to the applicant -

(a) inform the applicant of its intention to revoke the certificate and the reasons for this,

(b) identify -

(i) the false representations or declarations in respect of which a person has been convicted of an offence, or

(ii) the incorrect information

and

(c) invite the applicant to make representations to the competent authority within a month of the date of the notice.

(3) If, at the end of the period provided for in subparagraph (2), the competent authority, having considered any representations made to it by or on behalf of the applicant remains of the view that the certificate of the applicant should be revoked then the competent authority may, by notice in writing, revoke the certificate and state the reasons for the revocation.

6. The following Regulations are revoked

(a) the European Communities (Transport Auxiliaries) Regulations 1988 (

S.I. No. 18 of 1988

), and

(b) the European Communities (Right of Establishment and Freedom to Provide Services in Hairdressing) Regulations 1992 (

S.I. No. 315 of 1992

).

SCHEDULE

Qualifications and Experience for Certificates

I,

Minister for Education and Science, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) and for the purpose of giving effect to Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999

1

, hereby make the following Regulations