MT
Recognition of Professional Qualifications Regulations 2007
Table of Provisions (45)
Statutory Text (45 Articles)
L.N. 422 of 2007
MUTUAL RECOGNITION OF QUALIFICATIONS ACT
(CAP. 451)
Recognition of Professional Qualifications Regulations 2007
IN exercise of the powers conferred by article 8 of the Mutual
Recognition of Qualifications Act, the Minister of Education, Youth
and Employment has made the following regulations>
(1) The title of these regulations is the Recognition of Citation,
commencement and
Professional Qualifications Regulations, 2007.
scope.
(2) These regulations shall come into force on a date to be
established by the Minister responsible for education.
(3) These regulations implement the provisions of
Commission Directive 2005#36#EC as amended by Commission
Directive 2006#100#EC.
In these regulations, unless the context otherwise requires>
List of professional associations or organisations fulfilling the conditions in Regulation 22
IRELAND (**)
1. The Institute of Chartered Accountants in Ireland (*)
2. The Institute of Certified Public Accountants in Ireland (*)
3. The Association of Certified Accountants (*)
4. Institution of Engineers of Ireland
5. Irish Planning Institute
UNITED KINGDOM
1. Institute of Chartered Accountants in England and Wales
20. Chartered Institute of Building
2. Institute of Chartered Accountants of Scotland
21. Engineering Council
3. Institute of Chartered Accountants in Ireland
22. Institute of Energy
4. Chartered Association of Certified Accountants
23. Institution of Structural Engineers
5. Chartered Institute of Loss Adjusters
24. Institution of Civil Engineers
6. Chartered Institute of Management Accountants
25. Institution of Mining Engineers
7. Institute of Chartered Secretaries and Administrators
26. Institution of Mining and Metallurgy
8. Chartered Insurance Institute
27. Institution of Electrical Engineers
9. Institute of Actuaries
28. Institution of Gas Engineers
10. Faculty of Actuaries
29. Institution of Mechanical Engineers
11. Chartered Institute of Bankers
30. Institution of Chemical Engineers
12. Institute of Bankers in Scotland
Interpretation.
“the Act” means the Mutual Recognition of Qualifications
Act<
“adaptation period” means a period of supervised practice
under the responsibility of a qualified member of the profession
concerned, which may include further training, for the purpose of
the pursuit of a regulated profession. The detailed rules governing
the adaptation period and its assessment, as well as the status of a
migrant under supervision, shall be laid out by the designated
authority<
“aptitude test” means a test limited to the professional
knowledge of the applicant, made by the designated authority with
the aim of assessing the ability of the applicant to pursue a regulated
profession in Malta. The detailed application of the aptitude test
and the status, in the home Member State, of the applicant who
wishes to undergo an aptitude test is determined by the designated
authority concerned<
“common platforms” means a set of criteria of professional
qualifications, suitable for the compensation of identified
substantial differences between the training requirements existing
in the various Member States for a given profession. These
substantial differences shall be identified by comparison between
the duration and contents of the training in at least two thirds of
the Member States, including all Member States, which regulate
this profession. The differences in the contents of the training may
result from substantial differences in the scope of the professional
activities<
“evidence of formal qualifications” means, without prejudice
to specific arrangements for recognition established in separate
instruments of the European Union which shall also be treated as
evidence of formal qualifications, any diploma, certificate and other
evidence issued by an authority in a Member State designated by
legislative, regulatory or administrative provisions of that Member
State and certifying full completion of professional training
obtained mainly in the European Union< furthermore, evidence of
formal qualifications issued by a third country shall be regarded
as evidence of formal qualifications if the holder has three years
professional experience in the profession concerned on the territory
of the Member State which recognized that evidence of formal
qualifications in accordance with regulation 4(2), certified by that
Member State<
“manager of an undertaking” means any person who in an
undertaking in the occupational field in question pursues an
activity>
(a) as a manager of an undertaking or a manager of a
branch of an undertaking< or
(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
and, or technical nature and with responsibility for one or
more departments of the undertaking<
“Member State of establishment” means a Member State of
the European Union, or state party to an agreement with the
European Union, in which the service provider is legally established
for the purpose of pursuing the same profession in that Member
State<
“migrant” means any citizen of a Member State or a third
country citizen legally entitled or authorised to seek access to a
profession in Malta<
“post-secondary level” means the level of education the entry
condition to which is, as a general rule, the successful completion
of a secondary level course required to obtain entry to university
or higher education or completion of equivalent education at
secondary level<
“professional association” means an organisation, recognised
in a special form by the Member States, awarding to its members
evidence of formal qualifications and conferring upon them rights
to use a title or designatory letters or to benefit from a status
corrsponding to those formal qualifications, ensuring among its
members respect for the rules of professional conduct that it
prescribes<
“professional experience” means the actual and lawful pursuit
of the profession or professional activity concerned in a Member
State<
“professional qualifications” means qualifications attested by
evidence of formal qualifications, an attestation of competence
referred to in regulation 9 and, or professional experience<
“regulated education and training” means any training which
is specifically geared to the pursuit of a given profession and which
comprises a course or courses complemented, where appropriate,
by professional training and, or professional practice. The structure
and level of the professional training, probationary and, or
professional practice shall be determined by the laws, regulations
or administrative provisions of the Member State concerned and,
or approved by the authority designated for that purpose<
“secondary education” means a period of study following
primary education and which includes higher secondary education
usually up to the age of eighteen<
“sectoral legislation” means domestic legislation that regulates
professions and professional activities and includes the Periti Act, Cap. 390.
the Health Care Professions Act, and the Veterinary Services Act< Cap. 464.
“substantially different matters” means matters of which
knowledge is essential for pursuing the profession and with regard
to which the training received by the migrant shows important
differences in terms of duration or content from the training required
by the host Member State.
PART I
General Provisions
List of courses having a special structure referred to in
Regulation 13 paragraph (c) subparagraph (ii)
1. Paramedical and childcare training courses
Training for the following
in Austria
•
special basic training for nurses specialising in the care of children and young people
(spezielle Grundausbildung in der Kinder-und Jugendlichenpflege),
which represents education and training courses of a total duration of at least thirteen years, including
at least ten years' general school education and three years' professional education in a nursing school,
culminating in an examination which must be passed in order to obtain the diploma;
•
special basic training for psychiatric nurses (spezielle Grundausbildung in der psychiatrischen
Gesundheits-und Krankenpflege),
which represents education and training courses of a total duration of at least thirteen years, including
at least ten years' general school education and three years' professional education in a nursing school,
culminating in an examination which must be passed in order to obtain the diploma;
•
contact lens optician (Kontaktlinsenoptiker),
•
pedicurist (Fußpfleger)
•
acoustic-aid technician (Hörgeräteakustiker),
•
druggist (Drogist),
which represent education and training courses of a total duration of at least 14 years, including at least
five years' training followed within a structured training framework, divided into an apprenticeship of
at least three years' duration, comprising training partly received in the workplace and partly provided
by a vocational training establishment, and a period of professional practice and training, culminating
in a professional examination conferring the right to exercise the profession and to train apprentices;
•
masseur (Masseur),
which represents education and training courses of a total duration of 14 years, including five years'
training within a structured training framework, comprising an apprenticeship of two years' duration, a
period of professional practice and training of two years' duration and a training course of one year
culminating in a professional examination conferring the rights to exercise the profession and to train
apprentices;
•
kindergarten worker (Kindergärtner/in),
•
child care worker (Erzieher),
which represent education and training courses of a total duration of 13 years, including five years of
professional training in a specialised school, culminating in an examination.
in Cyprus
•
dental technician (οδοντοτεχνίτης),
which represents education of a total duration of at least 14 years, comprising at least six years of
elementary education, six years of secondary education and two years of post-secondary vocational
education, followed by one year of professional experience;
•
optician (τεχνίκός оπτίκός)
which represents education of a total duration of at least 14 years, comprising at least six years of
elementary education, six years of secondary education and two years of post-secondary education,
followed by one year of professional experience.
in the Czech Republic
•
health care assistant (zdravotnický asistent),
which represents education of a total duration of at least 13 years, comprising at least eight years of
elementary education and four years of vocational secondary education at a secondary medical school,
completed by the ‘maturitní zkouška’ exam;
•
assistant in nutrition (nutricní asistent),
which represents education of a total duration of at least 13 years, comprising at least eight years of
elementary education and four years of vocational secondary education at a secondary medical school,
completed by the ‘maturitní zkouška’ exam.
in Germany
•
healthcare and paediatric nurse (“Gesundheits-und Kinderkrankenpfleger(in)”);
•
physiotherapist (Krankengymnast(in)/Physiotherapeut(in)), 1
•
occupational therapist/ergotherapist (Beschäftigungs-un Arbeitstherapeut/Ergotherapeut),
•
speech therapist (Logopäde/Logopädin),
•
orthoptist (Orthoptist(in)),
•
State-recognised childcare worker (Staatlich anerkannte(r) Erzieher(in)),
•
State-recognised remedial teacher (Staatlich anerkannte(r) Heilpädagoge(-in)),
•
medical laboratory technician (medizinisch-technische(r) Laboratoriums-Assistent(in)),
•
medical X-ray technician (medizinisch-technische(r) Radiologie-Assistent(in)),
As from 1 June 1994, the professional title ‘Krankengymnast(in)’ was replaced by that of
‘Physiotherapeut(in)’. Nevertheless, the members of the profession who obtained their diplomas before
that date may, if they wish, continue to use the earlier title of ‘Krankengymnast(in)’.
•
medical functional diagnostics technician (medizinisch-technische(r) Assistent(in) für
Funktionsdiagnostik),
•
veterinary technician (veterinärmedizinisch-technische(r) Assistent(in)),
•
dietitian (Diätassistent(in)),
•
pharmacy technician (Pharmazieingenieur) training received prior to 31 March 1994 in the
former German Democratic Republic or in the territory of the new Länder,
•
speech therapist (Sprachtherapeut(in)),
•
geriatric nurse(“Altenpflegerin und Altenpfleger”),
which represent education and training courses of a total duration of at least thirteen years, comprising
either at least three years of vocational training in a specialised school culminating in an examination,
in some cases supplemented by a one or two-year specialisation course culminating in an examination,
or at least two and a half years in a specialised school culminating in an examination and supplemented
by work experience of at least six months or by a traineeship of at least six months in an approved
establishment,
or at least two years in a specialised school culminating in an examination and supplemented by work
experience of at least one year or by a traineeship of at least one year in an approved establishment.
in Italy
•
dental technician (odontotecnico)
•
optician (ottico)
which represent education and training courses of a total duration of at least thirteen years, comprising
either at least three years of vocational training in a specialised school culminating in an examination,
in some cases supplemented by a one or two-year specialisation course culminating in an examination,
or at least two and a half years in a specialised school culminating in an examination and supplemented
by work experience of at least six months or by a traineeship of at least six months in an approved
establishment,
or at least two years in a specialised school culminating in an examination and supplemented by work
experienceof at least one year or by a traineeship of at least one year in an approved establishment .
in Latvia
•
dental nurse (zobarstniecibas masa),
which represents education of a total duration of at least 13 years, comprising at least 10 years of
general school education and two years of professional education in medical school, followed by three
years of professional experience at the end of which a certification exam must be passed to obtain a
certificate in the speciality;
•
biomedical laboratory assistant (biomedicinas laborants),
which represents education of a total duration of at least 12 years, comprising at least 10 years of
general school education and two years of professional education in medical school, followed by two
years of professional experience at the end of which a certification exam must be passed to obtain a
certificate in the speciality;
•
dental technician (zobu tehnikis),
which represents education of a total duration of at least 12 years, comprising at least 10 years of
general school education and two years of professional education in medical school, followed by two
years of professional experience at the end of which a certification exam must be passed to obtain a
certificate in the speciality;
•
physiotherapist's assistant (fizioterapeita asistents),
which represents education of a total duration of at least 13 years, comprising at least 10 years of
general school education and three years of professional education in medical school, followed by two
years of professional experience at the end of which a certification exam must be passed to obtain a
certificate in the speciality.
in Luxembourg
•
medical X-ray technician (assistant(e) technique médical(e) en radiologie),
•
medical laboratory technician (assistant(e) technique médical(e) de laboratoire),
•
psychiatric nurse (infirmier/ière psychiatrique),
•
medical technician — surgery (assistant(e) technique médical(e) en chirurgie),
•
paediatric nurse, (‘infirmier/ière en pediatrie’),
•
nurse — anaesthetics and intensive care, (‘infirmier/ière en anesthésie et en réanimation’),
•
masseur, (‘masseur’),
•
childcare worker (éducateur/trice);
which represent education and training courses of a total duration of at least thirteen years, comprising
either at least three years of vocational training in a specialised school culminating in an examination,
in some cases supplemented by a one or two-year specialisation course culminating in an examination,
or at least two and a half years in a specialised school culminating in an examination and supplemented
by work experience of at least six months or by a traineeship of at least six months in an approved
establishment,
or at least two years in a specialised school culminating in an examination and supplemented by work
experience of at least one year or by a traineeship of at least one year in an approved establishment .
in the Netherlands
•
veterinary assistant (dierenartsassistent),
which represent education and training courses of a total duration of at least thirteen years, comprising
three years of vocational training in a specialised school (MBO-scheme) or alternatively three years of
vocational training in the dual apprenticeship system (LLW), both of which culminate in an
examination.
in Slovakia
•
teacher in the field of dance at basic schools of art (ucitel v tanecnom odbore na základných
umeleckých školách),
which represents education of a total duration of a least 14.5 years, comprising eight years of basic
education, four years of education at the secondary specialised school and a five-semester course of
dance pedagogy;
•
educator at special educating facilities and at social service facilities (vychovávatel' v
špeciálnych výchovných zariadeniach a v zariadeniach sociálnych služieb),
which represents education of a total duration of at least 14 years, comprising eight/nine years of basic
education, four years of study at secondary pedagogical school or at another secondary school and two
years of supplementary part-time pedagogical study.
2. Master craftsman sector (Mester/Meister/Maître), which represents education
and training courses concerning skills not covered by Part II, Section II of these
Regulations.
Training for the following
in Austria
•
surgical truss maker (Bandagist),
•
corset maker (Miederwarenerzeuger),
•
optician (Optiker)
•
orthopaedic shoemaker (Orthopädieschuhmacher)
•
orthopaedic technician (Orthopädietechniker)
•
dental technician (Zahntechniker),
•
gardener (Gärtner),
which represent education and training of a total duration of at least 14 years, including at least five
years' training within a structured training framework, divided into apprenticeship of at least three
years' duration, comprising training received partly in the workplace and partly provided by a
vocational training establishment, and a period of professional practice and training of at least two
years' duration culminating in a mastership examination conferring the rights to exercise the
profession, to train apprentices and to use the title ‘Meister’;
Ttraining for master craftsmen in the field of agriculture and forestry, namely
•
master in agriculture (Meister in der Landwirtschaft),
•
master in rural home economics (Meister in der ländlichen Hauswirtschaft),
•
master in horticulture (Meister im Gartenbau),
•
master in market gardening (Meister im Feldgemüsebau),
•
master in pomology and fruit-processing (Meister im Obstbau und in der Obstverwertung),
•
master in viniculture and wine-production (Meister im Weinbau und in der Kellerwirtschaft),
•
master in dairy farming (Meister in der Molkerei-und Käsereiwirtschaft),
•
master in horse husbandry (Meister in der Pferdewirtschaft),
•
master in fishery (Meister in der Fischereiwirtschaft),
•
master in poultry farming (Meister in der Geflügelwirtschaft),
•
master in apiculture (Meister in der Bienenwirtschaft),
•
master in forestry (Meister in der Forstwirtschaft),
•
master in forestry plantation and forest management (Meister in der Forstgarten-und
Forstpflegewirtschaft),
•
master in agricultural warehousing (Meister in der landwirtschaftlichen Lagerhaltung),
which represent education and training of a total duration of at least 15 years, including at least six
years' training followed within a structured training framework divided into an apprenticeship of at
least three years' duration, comprising training partly received in the business and partly provided by a
vocational training establishment, and a period of three years of professional practice culminating in a
mastership examination relating to the profession and conferring the rights to train apprentices and to
use the title ‘Meister’;
in Denmark
•
optician (optometrist),
this course is of a total duration of 14 years, including five years' vocational training divided into two
and a half years' theoretical training provided by the vocational training establishment and two and a
half years' practical training received in the workplace, and culminating in a recognised examination
relating to the craft and conferring the right to use the title ‘Mester’;
•
orthopaedic technician (ortopædimekaniker),
this course is of a total duration of 12.5 years, including three and a half years' vocational training
divided into six months' theoretical training provided by the vocational training establishment and
three years' practical training received in the workplace, and culminating in a recognised examination
relating to the craft and conferring the right to use the title ‘Mester’;
•
orthopaedic boot and shoemaker (ortopædiskomager),
this course is of a total duration of 13.5 years, including four and a half years' vocational training
divided into two years' theoretical training provided by the vocational training establishment and two
and a half years' practical training received in the workplace, and culminating in a recognised
examination relating to the craft and conferring the right to use the title ‘Mester’;
in Germany
•
optician (Augenoptiker),
•
dental technician (Zahntechniker),
•
orthopaedic technician (“Orthopädietechniker”),
•
hearing-aid maker (Hörgeräte-Akustiker),
•
orthopaedic bootmaker (Orthopädieschuhmacher)
in Luxembourg
•
dispensing optician (opticien),
•
dental technician (mécanicien dentaire),
•
hearing-aid maker (audioprothésiste),
•
orthopaedic technician/surgical truss maker (mécanicien orthopédiste/bandagiste),
•
orthopaedic bootmaker (orthopédiste-cordonnier),
these courses are of a total duration of 14 years, including at least five years' training followed within a
structured training framework, partly received in the workplace and partly provided by the vocational
training establishment, and culminating in an examination which must be passed in order to be able to
practise any activity considered as skilled, either independently or as an employee with a comparable
level of responsibility;
in Poland
•
teacher for practical vocational training (Nauczyciel praktycznej nauki zawodu),
which represents education of a duration of
(i) eight years of elementary education and five years of vocational secondary education or equivalent
secondary education in a relevant field followed by the course in pedagogy of a total duration of
at least 150 hours, the course in work safety and work hygiene, and two years of professional
experience in the profession one is going to teach; or
(ii) eight years of elementary education and five years of vocational secondary education and diploma
of graduation from a post-secondary pedagogical technical school; or
(iii) eight years of elementary education and two to three years of basic vocational secondary education
and at least three years of professional experience certified by a degree of master in the particular
profession followed by a course in pedagogy of a total duration of at least 150 hours;
in Slovakia
•
master in vocational education (majster odbornej výchovy),
which represents education of a total duration of at least 12 years, comprising eight years of basic
education, four years of vocational education (complete vocational secondary education and/or
apprenticeship in the relevant (similar) vocational training or apprenticeship course), professional
experience of a total duration of at least three years in the field of the person's completed education or
apprenticeship and supplementary pedagogical study at the faculty of pedagogy or at the technical
universities, or complete secondary education and apprenticeship in the relevant (similar) vocational
training or apprenticeship course, professional experience of a total duration of at least three years in
the field of the person's completed education or apprenticeship, and additional study of pedagogy at the
faculty of pedagogy, or by 1 September 2005 specialised education in the field of special pedagogy
provided for in the methodology centres for masters in vocational education at the special schools
without supplementary pedagogical study.
2a. Meister/Maître (education and professional training leading to the title of
Meister/Maître) in the following professions
in Germany
• metal worker (“Metallbauer”),
• surgical instrument maker (“Chirurgiemechaniker”),
• coachbuilder (“Karosserie-und Fahrzeugbauer”),
• automotive mechatronics technician (“Kraftfahrzeugtechniker”),
• motorbike and bicycle mechanic (“Zweiradmechaniker”),
• refrigeration mechanic (“Kälteanlagenbauer”),
• communication technician (“Informationstechniker”),
• mechanic for agricultural and construction machinery (“Landmaschinenmechaniker ”),
• gunsmith (“Büchsenmacher”),
• plumber (“Klempner”),
• installer and heating fitter (“Installateur und Heizungsbauer”),
• electrical engineer (“Elektrotechniker”),
• electrical machine engineer (“Elektromaschinenbauer”),
• boat and ship builder (“Boots-und Schiffbauer”),
• bricklayer and concrete worker (“Maurer und Betonbauer”),
• stove and air heating mechanic (“Ofen-und Luftheizungsbauer”),
• carpenter (“Zimmerer”),
• roofer (“Dachdecker”),
• road construction worker (“Straßenbauer”),
• thermal and acoustic insulation fitter (“Wärme-, Kälte-und Schallschutzisolierer”),
• well-sinker (“Brunnenbauer”),
• stonemason (“Steinmetz und Steinbildhauer”),
• plasterer (“Stuckateur”),
• painter and varnisher (“Maler und Lackierer”),
• scaffolder (“Gerüstbauer”),
• chimney sweep (“Schornsteinfeger”),
• precision engineer (“Feinwerkmechaniker”),
• joiner (“Tischler”),
• ropemaker (“Seiler”),
• baker (“Bäcker”),
• pastry chef (“Konditor”),
• butcher (“Fleischer”),
• hairdresser (“Frisör”),
• glazier (“Glaser”),
• glassblower and glass apparatus maker (“Glasbläser und Glasapparatebauer”),
• mechanic for tyres and vulcanisation (“Vulkaniseur und Reifenmechaniker”);
in Luxembourg
• baker/pastry chef (“boulanger-pâtissier”),
• pastry, chocolate and ice cream maker/confectioner (“pâtissier-chocolatier-confiseur-glacier”),
• butcher (“boucher-charcutier”),
• horsemeat butcher (“boucher-charcutier-chevalin”),
• caterer (“traiteur”),
• miller (“meunier”),
• tailor/dressmaker (“tailleur-couturier”),
• fashion designer/milliner (“modiste-chapelier”),
• furrier (“fourreur”),
• boot/shoemaker (“bottier-cordonnier”),
• clock/watchmaker (“horloger”),
• jeweller/goldsmith (“bijoutier-orfèvre”),
• hairdresser (“coiffeur”),
• beautician (“esthéticien”),
• general mechanical engineer (“mécanicien en mécanique générale”),
• lift/hoist/escalator/handling equipment engineer (“installateur d'ascenseurs, de monte-charges,
d'escaliers mécaniques et de matériel de manutention”),
• gunsmith (“armurier”),
• blacksmith (“forgeron”),
• machinery, industrial and construction equipment mechanic/engineer (“mécanicien de
machines et de matériels industriels et de la construction”),
• car and motorcycle mechanic and automotive electronics technician (“mécanicien-électronicien
d'autos et de motos”),
• car bodywork maker/repairman (“constructeur réparateur de carosseries”),
• car bodywork repairman/painter (“débosseleur-peintre de véhicules automoteurs”),
• winder (“bobineur”),
• audiovisual (electronics) engineer(“électronicien d'installations et d'appareils audiovisuels”),
• cable network builder/repairman (“constructeur réparateur de réseaux de télédistribution”),
• office equipment and information technology engineer (“électronicien en bureautique et en
informatique”),
• agricultural/winegrowing equipment engineer(“mécanicien de machines et de matériel agricoles
et viticoles”),
• coppersmith (“chaudronnier”),
• galvaniser (“galvaniseur”),
• motor vehicle assessor (“expert en automobiles”),
• building contractor (“entrepreneur de construction”),
• road/paving contractor (“entrepreneur de voirie et de pavage”),
• concrete flooring specialist (“confectionneur de chapes”),
• heat insulation, soundproofing and waterproofing engineer (“entrepreneur d'isolations
thermiques, acoustiques et d'étanchéité”),
• heating and plumbing engineer (“installateur de chauffage-sanitaire”),
• refrigeration engineer (“installateur frigoriste”),
• electrician (“électricien”),
• neon sign fitter (“installateur d'enseignes lumineuses”),
• electronics engineer specialising in communication and information technology (“électronicien
en communication et en informatique”),
• security and alarm system engineer (“installateur de systèmes d'alarmes et de sécurité”),
• carpenter/cabinet maker (“menuisier-ébéniste”),
• parquet flooring fitter (“parqueteur”),
• prefabricated unit fitter (“poseur d'éléments préfabriqués”),
• manufacturer/fitter of blinds, sun blinds, shutters and awnings (“fabricant poseur de volets, de
jalousies, de marquises et de store”),
• metal worker (“entrepreneur de constructions métalliques”),
• furnace/oven/kiln manufacturer (“constructeur de fours”),
• tinsmith/roofer (“couvreur-ferblantier”),
• carpenter (“charpentier”),
• stonemason/cutter (“marbrier-tailleur de pierres”),
• tiler (“carreleur”),
• plasterer/builder specialising in ceilings and outer walls (“plafonneur-façadier”),
• painter and decorator (“peintre-décorateur”),
• glazing and mirror specialist (“vitrier-miroitier”),
• upholsterer and decorator (“tapissier-décorateur”),
• manufacturer/fitter of hearths and earthenware stoves (“constructeur poseur de cheminées et de
poêles en faïence”),
• printer (“imprimeur”),
• media operator (“opérateur média”),
• screen printer (“sérigraphe”),
• bookbinder (“relieur”),
• medical and surgical equipment technician (“mécanicien de matériel médico-chirurgical”),
• driving instructor (“instructeur de conducteurs de véhicules automoteurs”),
• manufacturer/fitter of metal boarding and roofs (“fabricant poseur de bardages et toitures
métalliques”),
• photographer (“photographe”),
• musical instrument maker/repairer (“fabricant réparateur d'instruments de musique”),
• swimming instructor (“instructeur de natation”);
in Austria
• master builder (“Baumeister hinsichtl. der ausführenden Tätigkeiten”),
• baker (“Bäcker”),
• well-sinker (“Brunnenmeister”),
• roofer (“Dachdecker”),
• electrical engineer (“Elektrotechniker”),
• butcher (“Fleischer”),
• hairdresser and wig-maker (stylist) (“Friseur und Perückenmacher (Stylist)”),
• gas and sanitation installations engineering (“Gas-und Sanitärtechnik”),
• glazier (“Glaser”),
• glass-facing work and plate-glass polishing (“Glasbeleger und Flachglasschleifer”),
• glassblower and glass apparatus maker (“Glasbläser und Glasapparatebauer”),
• polishing and shaping of hollow glass (linked craft) (“Hohlglasschleifer und Hohlglasveredler
(verbundenes Handwerk)”),
• stove-maker (“Hafner”),
• heating engineering (“Heizungstechnik”),
• ventilation engineer (linked craft) (“Lüftungstechnik (verbundenes Handwerk)”),
• refrigeration and air-conditioning (“Kälte-und Klimatechnik”),
• communications electronics (“Kommunikationselektronik”),
• pastry chef (confectioner), including makers of gingerbread, candied fruit, ice-cream and
chocolate (“Konditor (Zuckerbäcker) einschl. der Lebzelter und der Kanditen-Gefrorenes und -
Schokoladewarener--zeugung”),
• automotive mechatronics technician(“Kraftfahrzeugtechnik”),
• manufacture of bodywork, including panel beating and painting (linked craft) (“Karosseriebauer
einschl.Karosseriespengler u. -lackierer (verbundenes Handwerk)”),
• processing of plastic materials (“Kunststoffverarbeitung”),
• painter and decorator (“Maler und Anstreicher”),
• varnisher (“Lackierer”),
• gold-plating and decorating (“Vergolder und Staffierer”),
• manufacture of signs (linked craft) (“Schilderherstellung (verbundenes Handwerk)”),
• mechatronics for electrical engineering and automation (“Mechatroniker f.
Elektromaschinenbau u. Automatisierung”),
• mechatronics for electronics (“Mechatroniker f. Elektronik”),
• office automation and IT systems (“Büro-und EDV-Systemtechnik”),
• mechatronics for machinery and manufacturing technology (“Mechatroniker f. Maschinen-und
Fertigungstechnik”),
• mechatronics for medical equipment (linked craft) (“Mechatroniker f. Medizingerätetechnik
(verbundenes Handwerk)”),
• surface engineering (“Oberflächentechnik”),
• metal design (linked craft) (“Metalldesign (verbundenes Handwerk)”),
• locksmith (“Schlosser”),
• blacksmith (“Schmied”),
• agricultural machinery technician (“Landmaschinentechnik”),
• plumber (“Spengler”),
• coppersmith (linked craft) (“Kupferschmied (verbundenes Handwerk)”),
• master stonemason, including the manufacture of artificial stones and terrazzo
(“Steinmetzmeister einschl.Kunststeinerzeugung und Terrazzomacher”),
• plasterer (“Stukkateur und Trockenausbauer”),
• joiner (“Tischler”),
• layout designer (“Modellbauer”),
• cooper (“Binder”),
• wood-turner (“Drechsler”),
• boat builder (“Bootsbauer”),
• sculptor (linked craft) (“Bildhauer (verbundenes Handwerk)”),
• vulcaniser (“Vulkaniseur”),
• gunsmith (including trade in arms) (“Waffengewerbe (Büchsenmacher) einschl. Des
Waffenhandels”),
• thermal, acoustic and fire insulation (“Wärme-Kälte-Schall-und Branddämmer”),
• master carpenter (“Baumeister hinsichtl. der ausführenden Tätigkeiten”),
which represent education and training courses of a total duration of at least thirteen years, including at
least three years' training followed within a structured training framework, partly received in the
workplace and partly provided by a vocational training establishment, and culminating in an
examination, in addition to at least one year's theoretical and practical training as a master craftsman.
Passing the master craftsman examination confers the right to exercise the profession in a self-
employed capacity, train apprentices and use the title of Master (“Meister/Maître”).
3. Seafaring sector
(a) Sea transport
Training for the following
in the Czech Republic
deck assistant (palubní asistent)
officer in charge of a navigational watch (námorní porucík)
chief mate (první palubní dustojník),
master (kapitán),
engine assistant (strojní asistent)
officer in charge of an engineering watch (strojní dustojník)
second engineer officer (druhý strojní dustojník),
chief engineer officer (první strojní dustojník),
electrician (elektrotechnik),
chief electric officer (elektrodustojník)
in Denmark
ship's captain (skibsfører),
first mate (overstyrmand),
quartermaster, deck officer (enestyrmand, vagthavende styrmand),
deck officer (vagthavende styrmand),
engineer (maskinchef),
first engineer (l. maskinmester),
first engineer/duty engineer (l. maskinmester/vagthavende maskinmester.
in Germany
captain, large coastal vessel (Kapitän AM),
captain, coastal vessel (Kapitän AK),
deck officer, large coastal vessel (Nautischer Schiffsoffizier AMW),
deck officer, coastal vessel (Nautischer Schiffsoffizier AKW),
chief engineer, grade C (Schiffsbetriebstechniker CT -Leiter von Maschinenanlagen),
ship's mechanic, grade C (Schiffsmaschinist CMa -Leiter von Maschinenanlagen),
ship's engineer, grade C (Schiffsbetriebstechniker CTW),
ship's mechanic, grade C-solo engineer officer (Schiffsmaschinist CMaW -Technischer
Alleinoffizier).
in Italy
deck officer (ufficiale di coperta),
engineer officer (ufficiale di macchina).
in Latvia
electrical engineer officer on ships (kugu elektromehanikis),
operator of refrigeration machinery (kuga saldešanas iekartu mašinists).
in the Netherlands
first mate (coastal vessel) (with supplementary training) (stuurman kleine handelsvaart (met
aanvulling)),
coaster engineer (with diploma) (diploma motordrijver),
VTS-official (VTS-functionaris).
in Romania
Training for
maritime helmsman II/4 ST CW ( “timonier maritim”)
which represent training
in the Czech Republic
(i)
for deck assistant (palubní asistent),
1. a person not less than 20 years of age.
2. (a) maritime academy or maritime college — department of navigation, both courses
having to be completed by the ‘maturitní zkouška’ exam, and approved seagoing
service of not less than six months on ships during studies; or
(b) approved seagoing service of not less than two years as rating, forming part of a
navigational watch at the support level on ships, and completion of an approved
course which meets the standard of competence specified in section A-II/1 of the
STCW (International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers) Code dispensed by a maritime academy or college of a
Party to the STCW Convention, and passing the examination before the Examining
Board recognised by the MTC (Maritime Transport Committee of the Czech
Republic);
(ii)
for officer in charge of a navigational watch (námorní porucík),
1. approved seagoing service in the capacity of deck assistant on ships of 500 gross
tonnage or more for not less than six months in the case of a graduate of a maritime
college or academy, or one year in the case of a graduate of an approved course,
including not less than six months in the capacity of a rating forming a part of a
navigational watch;
2. duly completed and endorsed On Board Training Record Book for Deck Cadets;
(iii)
for chief mate (první palubní dustojník),
certificate of competence of officer in charge of a navigational watch on ships of 500
gross tonnage or more and not less than 12months of approved seagoing service in that
capacity;
(iv)
for master (kapitán),
certificate for service as master on ships of between 500 and 3000 gross tonnage,
certificate of competence of chief mate on ships of 3000 gross tonnage or more and not
less than six months of approved seagoing service in the capacity of chief mate on ships
of 500 gross tonnage or more and not less than six months of approved seagoing service
in the capacity of chief mate on ships of 3000 gross tonnage or more;
(v)
for engine assistant (strojní asistent),
1. a person not less than 20 years of age;
2. maritime academy or maritime college department of maritime engineering, and approved
seagoing service of not less than six months on ships during the studies;
(vi)
for officer in charge of an engineering watch (strojní dustojník),
approved seagoing service in the capacity of engine assistant of not less than six months
as a graduate from a maritime academy or college;
(vii)
for second engineer officer (druhý strojní dustojník),
approved seagoing service of not less than 12 months in the capacity of third engineer
officer on ships powered by main propulsion machinery of 750 kW propulsion power and
more;
(viii)
for chief engineer officer (první strojní dustojník),
appropriate certificate for service as second engineer officer on ships powered by main
propulsion machinery of 3000 kW propulsion power or more and having not less than six
months of approved seagoing service in that capacity;
(ix)
for electrician (elektrotechnik),
1. a person not less than 18 years of age.
2. maritime or other academy, faculty of electrical engineering, or technical school or
college of electrotechnical engineering, all courses having to be completed by the
‘maturitní zkouška’ exam, and not less than 12 months of approved practice in the field
of electrical engineering;
(x)
for chief electric officer (elektrodustojník),
1. maritime academy or college, faculty of maritime electrical engineering or other academy
or secondary school in the field of electrical engineering, all courses having to be
completed by the ‘maturitní zkouška’ or a State exam;
2. approved seagoing service in the capacity of electrician for a period of not less than 12
months in the case of a graduate of an academy or college, or 24 months in the case of a
graduate of a secondary school.
in Denmark,
of nine years' primary schooling followed by a course of basic training and/or service at sea
of between 17 and 36 months, supplemented by
(i) for the deck officer, one year of specialised vocational training,
(ii) for the others, three years of specialised vocational training.
in Germany,
of a total duration of between 14 and 18 years, including a three-year course of basic
vocational training and one year's service at sea, followed by one or two years of specialised
vocational training supplemented, where appropriate, by two year's work experience in
navigation.
(i) for electrical engineer officer on ships (kugu elektromehanikis),
1. a person of not less than 18 years of age;
2. represents an education of a total duration of at least 12.5 years, comprising at least
nine years of elementary education and at least three years of vocational education.
In addition, seagoing service of not less than six months as a ship's electrician or as
assistant to the electrical engineer on ships with generator power more then 750 kW
is required. Vocational training is completed by a special examination by the
competent authority in accordance with the training programme as approved by the
Ministry of Transport;
(ii) for operator of refrigeration machinery (kuga saldešanas iekartu mašinists),
1. a person of not less than 18 years of age;
2. represents an education of a total duration of at least 13 years, comprising at least nine
years of elementary education and at least three years of vocational education. In
addition, seagoing service of not less than 12 months as assistant to the refrigeration
engineer is required. Vocational training is completed by a special examination by
the competent authority in accordance with the training programme as approved by
the Ministry of Transport;
of a total duration of 13 years, of which at least five years consist of professional training
culminating in an examination and are supplemented, where appropriate, by a traineeship.
in the Netherlands
(i) for first mate (coastal vessel) (with supplementary training) (stuurman kleine
handelsvaart (met aanvulling)), and coaster engineer (with diploma) (diploma
motordrijver), involving a course of 14 years, at least two years of which take place in a
specialised vocational training establishment, supplemented by a 12-month traineeship,
(ii) for the VTS-official (VTS-functionaris) of a total duration of at least 15 years,
comprising at least three years of higher vocational education (HBO) or intermediate
vocational training (MBO), which are followed by national and regional specialisation
courses, comprising at least 12 weeks of theoretical training each and each culminating in
an examination and which are recognised under the International STCW Convention
(International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978).
in Romania
for maritime helmsman II/4 ST CW “timonier maritim”)
1. a person not less than18 years of age;
2. (a) holds an approriate certificate of competence of seaman (secondary school maritime
studies); has completed a period of seagoing service of 24 months as seaman out of
which at least 12 months have been performed within the last five years; has attended an
approved course for promotion to execution level (7 days);
(b) or, holds an appropriate certificate of competence of seaman (secondary school maritime
studies) and holds a certificate competence of radio operator, techno-operator in the
martime mobile service; has completed a period of seagoing service of 24 months as
seaman and as radio operator, techno-operator in the maritime mobile service, or
GMDSS-GOC operator; has attended an approved course for promotion to execution
level (7 days)
(b) Sea fishing
Training for the following
in Germany
captain, deep-sea fishing (Kapitän BG/Fischerei),
captain, coastal fishing (Kapitän BLK/Fischerei),
deck officer, deep-sea vessel (Nautischer Schiffsoffizier BGW/Fischerei),
deck officer, coastal vessel (Nautischer Schiffsoffizier BK/Fischerei).
in the Netherlands
first mate/engineer V (stuurman werktuigkundige V),
engineer IV (fishing vessel) (werktuigkundige IV visvaart),
first mate IV (fishing vessel) (stuurman IV visvaart),
first mate/engineer VI (stuurman werktuigkundige VI).
which represent training
in Germany, of a total duration of between 14 and 18 years, including a three-year course of
basic vocational training and one year's service at sea, followed by one or two years of
specialised vocational training supplemented, where appropriate, by two year's work
experience in navigation,
in the Netherlands, involving a course varying in duration between 13 and 15 years, at least
two years of which are provided in a specialised vocational school, supplemented by a 12-
month period of work experience, and are recognised under the Torremolinos Convention
(1977 International Convention for the Safety of Fishing Vessels).
4. Technical sector
Training for the following
in Austria
forester (Förster),
technical consulting (Technisches Büro),
labour leasing (Überlassung von Arbeitskräften -Arbeitsleihe),
employment agent (Arbeitsvermittlung),
investment adviser (Vermögensberater),
private investigator (Berufsdetektiv),
security guard (Bewachungsgewerbe),
real estate agent (Immobilienmakler),
real estate manager (Immobilienverwalter),
building project organiser (Bauträger, Bauorganisator, Baubetreuer),
debt-collecting institute (Inkassobüro/Inkassoinstitut),
which represent education and training of a total duration of at least 15 years, comprising eight years'
compulsory schooling followed by a minimum of five years' secondary technical or commercial study,
culminating in a technical or commercial mature level qualifying examination, supplemented by at
least two years' workplace education and training culminating in a professional examination;
•
insurance consultant (Berater in Versicherungsangelegenheiten),
which represents education and training of a total duration of 15 years, including six years' training
followed within a structured training framework, divided into an apprenticeship of three years' duration
and a three-year period of professional practice and training, culminating in an examination;
•
master builder/planning and technical calculation (Planender Baumeister),
•
master woodbuilder/planning and technical calculation (Planender Zimmermeister),
which represent education and training of a total duration of at least 18 years, including at least nine
years' vocational training divided into four years' secondary technical study and five years' professional
practice and training culminating in a professional examination conferring the rights to exercise the
profession and to train apprentices, in so far as this training relates to the right to plan buildings, to
make technical calculations and to supervise construction work (the Maria Theresian privilege);
•
commercial bookkeeper (Gewerblicher Buchhalter), under the 1994 Gewerbeordnung (1994
law on trade, crafts and industry);
•
self-employed bookkeeper (Selbständiger Buchhalter), under the 1999 Bundesgesetz über die
Wirtschaftstreuhandberufe (1999 law on the public accounting professions);
in the Czech Republic
•
authorised technician, authorised builder (autorizovaný technik, autorizovaný stavitel),
which represents vocational training of a duration of at least nine years, comprising four years of
technical secondary education, completed by the ‘maturitní zkouška’ exam (secondary technical
school) and five years of professional experience, concluded by the professional qualification test for
pursuit of selected professional activities in construction (pursuant to Act No 50/1976 Sb. (the
Building Act) and Act No 360/1992 Sb.);
•
track vehicle driver (fyzická osoba rídící drážní vozidlo),
which represents education of a total duration of at least 12 years, comprising at least eight years of
elementary education and at least four years of vocational secondary education completed by the
‘maturitní zkouška’ exam and concluded by the State exam on the motive power of vehicles;
•
track revision technician (drážní revizní technik),
which represents education of a total duration of at least 12 years, comprising at least eight years of
elementary education and at least four years of vocational secondary education at a secondary
machinery or electronics school completed by the ‘maturitní zkouška’ exam;
•
road driving instructor (ucitel autoškoly),
a person not less than 24 years of age; represents education of a total duration of at least 12 years,
comprising at least eight years of elementary education and at least four years of vocationa secondary
education focused on traffic or machinery completed by the ‘maturitní zkouška’ exam;
•
State technician for the control of motor vehicle roadworthiness (kontrolní technik STK),
a person not less than 21 years of age; represents education of a total duration of at least 12 years,
comprising at least eight years of elementary education and at least four years of vocational secondary
education completed by the ‘maturitní zkouška’ exam, followed by at least two years of technical
practice; the person concerned must have a driving licence and a clean criminal record and must have
completed the special training for State technicians of at least 120 hours' duration as well as
successfully passing the exam;
•
mechanic for control of car emissions (mechanik merení emisí),
which represents education of a total duration of at least 12 years, comprising at least eight years of
elementary education and at least four years of vocational secondary education completed by the
‘maturitní zkouška’ exam; furthermore an applicant has to complete at least three years' technical
practice and the special training for ‘mechanic for the control of car emissions’ of eight hours' duration
as well as successfully passing the exam;
•
boat master Class I (kapitán I. trídy),
which represents education of a total duration of at least 15 years, comprising eight years of
elementary education and three years of vocational education completed by the ‘maturitní zkouška’
exam and culminating in an examination confirmed by a certificate of aptitude. This vocational
education has to be followed by four years' vocational practice completed by an exam;
•
restorer of monuments that are works of art crafts (restaurátor památek, které jsou díly
umeleckých remesel),
which represents education of a total duration of 12 years if involving full secondary technical
education in the restoration course, or 10 to 12 years of study in a related course, plus five years of
professional experience in the case of full secondary technical education completed by the ‘maturitní
zkouška’ exam, or eight years of professional experience in the case of secondary technical education
ending with the final apprenticeship exam;
•
restorer of works of art that are not monuments and are held in the collections of museums
and galleries, and of other objects of cultural value (restaurátor del výtvarných umení, která
nejsou památkami a jsou uložena ve sbírkách muzeí a galerií, a ostatních predmetu kulturní
hodnoty),
which represents education of a total duration of 12 years plus five years of professional experience in
the case of full secondary technical education in the restoration course completed by the ‘maturitní
zkouška’ exam;
•
waste manager (odpadový hospodár),
which represents education of a total duration of at least 12 years, comprising at least eight years of
elementary education and at least four years of secondary vocational education completed by the
‘maturitní zkouška’ exam and a minimum of five years of experience in the waste management sector
within the last 10 years;
•
blasting technical manager (technický vedoucí odstrelu),
which represents education of a total duration of at least 12 years, comprising at least eight years of
elementary education and at least four years of vocational secondary education completed by the
‘maturitní zkouška’ exam, and followed by
two years as a shotfirer underground (for underground activity) or one year on surface (for surface
activity), including six months as an assistant shotfirer;
training course of 100 hours of theoretical and practical training followed by an examination before the
relevant District Mining Authority;
professional experience of six months or more in planning and carrying out major blasting works;
training course of 32 hours of theoretical and practical training followed by an examination before the
Czech Mining Authority;
in Latvia
•
engine-railway sector driver's assistant (vilces lidzekla vaditaja (mašinista) paligs),
a person not less than 18 years of age; represents education of a total duration of at least 12 years,
comprising at least eight years of elementary education and at least four years of vocational education;
vocational training completed by the employer's special examination; certificate of competence issued
by a competent authority for five years;
in the Netherlands
•
bailiff (gerechtsdeurwaarder),
•
dental-prosthesis maker (tandprotheticus),
which represent a course of study and vocational training
(i)
in the case of the bailiff (gerechtsdeurwaarder), totalling 19 years, comprising eight
years' compulsory schooling followed by eight years' secondary education including
four years' technical education culminating in a State examination and supplemented
by three years' theoretical and practical vocational training;
(ii)
in the case of the dental-prosthesis maker (tandprotheticus) totalling at least 15 years
of full time training and three years of part time training, comprising eight years of
primary education, four years of general secondary education, completion of three
years of vocational training, involving theoretical and practical training as a dental
technician, supplemented by three years of part-time training as a dental prosthesis-
maker, culminating in an examination;
in Poland
•
diagnostician executing motor vehicle roadworthiness tests at a vehicle control station at basic
level (diagnosta przeprowadzajacy badania techniczne w stacji kontroli pojazdów o
podstawowym zakresie badan),
which represents eight years of elementary education and five years of secondary technical education
in the field of motor vehicles and three years' practice in a vehicle service station or in a garage,
covering 51 hours of basic training in controlling motor vehicles roadworthiness and passing the
qualification examination,
•
diagnostician executing motor vehicle roadworthiness tests at a district vehicle control station
(diagnosta przeprowadzajacy badania techniczne pojazdu w okregowej stacji kontroli
pojazdów),
which represents eight years of elementary education and five years of technical secondary education
in the field of motor vehicles and four years' practice in a vehicle service station or in a garage,
covering 51 hours of basic course in controlling motor vehicle roadworthiness and passing the
qualification examination;
•
diagnostician executing motor vehicle roadworthiness tests at a vehicle control station
(diagnosta wykonujacy badania techniczne pojazdów w stacji kontroli pojazdów),
which represents
(i)
eight years of elementary education and five years of secondary technical education in
the field of motor vehicles and four years' proven practice in a vehicle service station or
in a garage, or
(ii)
eight years of elementary education and five years of secondary technical education in a
field other than motor vehicle specialisation and eight years' proven practice in a vehicle
service station or in a garage, covering a total of 113 hours of complete training including
basic and specialist training, with exams after every stage.
The duration in hours and the general scope of the particular courses in the framework of the complete
training for diagnostician are separately specified in the Ministry of Infrastructure's Regulation of 28
November 2002 on detailed requirements regarding diagnosticians (OJ 2002, No 208, pos. 1769);
•
train dispatcher (dyzurny ruchu),
which represents eight years of elementary education and four years of secondary vocational
education, with rail transport specialisation, as well as a course preparing for work as a train dispatcher
of 45 days and passing the qualification examination, or which represents eight years of elementary
education and five years of secondary vocational education with rail transport specialisation, as well as
a course preparing for work as a train dispatcher of 63 days and passing the qualification examination.
5. United Kingdom courses accredited as national vocational qualifications or
Scottish vocational qualifications
Training for
•
listed veterinary nurse,
•
mine electrical engineer,
•
mine mechanical engineer,
•
dental therapist,
•
dental hygienist,
•
dispensing optician,
•
mine deputy,
•
insolvency practitioner,
•
licensed conveyancer,
•
first mate — freight/passenger ships — unrestricted,
•
second mate — freight/passenger ships — unrestricted,
•
third mate — freight/passenger ships unrestricted,
•
deck officer — freight/passenger ships — unrestricted,
•
engineer officer — freight/passenger ships — unlimited trading area,
•
certified technically competent person in waste management,
leading to qualifications accredited as national vocational qualifications (NVQs) or, in Scotland,
accredited as Scottish vocational qualifications, at levels 3 and 4 of the United Kingdom National
Framework of Vocational Qualifications.
These levels are defined as follows
level 3: Competence in a broad range of varied work activities performed in a wide variety of contexts
and most of which are complex and non-routine. There is considerable responsibility and
autonomy, and control or guidance of others is often required,
level 4: Competence in a broad range of complex, technical or professional work activities performed
in a wide variety of contexts and with a substantial degree of personal responsibility and
autonomy. Responsibility for the work of others and the allocation of resources is often
present.
Without prejudice to any specific provisions for professional
recognition in other national legislation and European Union Community
Law, these regulations shall apply to all nationals of a Member State
and citizens otherwise legally entitled and authorised, wishing to pursue
a regulated profession in a Member State, including those belonging to
the liberal professions, other than that in which they obtained their
professional qualification, on either self employed or employed basis.
List of regulated education and training referred to in Sub-regulation 15 (4)
In Austria
Courses at higher vocational schools (Berufsbildende Höhere Schulen) and higher education
establishments for agriculture and forestry (Höhere Land-und Forstwirtschaftliche Lehranstalten),
including special types (einschließlich der Sonderformen), the structure and level of which are
determined by law, regulations and administrative provisions.
These courses have a total length of not less than 13 years and comprise five years of vocational
training, which culminate in a final examination, the passing of which is a proof of professional
competence.
Courses at master schools (Meisterschulen), master classes (Meisterklassen), industrial master
schools (Werkmeisterschulen) or building craftsmen schools (Bauhandwerkerschulen), the
structure and level of which are determined by law, regulations and administrative provisions.
These courses have a total length of not less than 13 years, comprising nine years of compulsory
education, followed by either at least three years of vocational training at a specialized school or at
least three years of training in a firm and in parallel at a vocational training school (Berufsschule),
both of which culminate in an examination, and are supplemented by successful completion of at
least a one-year training course at a master school (Meisterschule), master classes
(Meisterklassen), industrial master school (Werkmeisterschule) or a building craftsmen school
(Bauhandwerkerschule). In most cases the total duration is at least 15 years, comprising periods of
work experience, which either precede the training courses at these establishments or are
accompanied by part-time courses (at least 960 hours).
In Germany
The following regulated courses
Regulated courses preparatory to the pursuit of the professions of technical assistant (technische(r)
Assistent(in)), commercial assistant (kaufmännische(r) Assistent(in)), social professions (soziale
Berufe) and the profession of State-certified respiration and elocution instructor (staatlich geprüfte(r)
Atem-, Sprech-und Stimmlehrer(in)), of a total duration of at least 13 years, which require successful
completion of the secondary course of education (mittlerer Bildungsabschluss) and which comprise
at least three years 2 of vocational training at a specialised school (Fachschule) culminating in an
(i)
examination and, where applicable, supplemented by a one-or two-year specialisation course also
culminating in an examination; or
(ii) at least two and a half years at a specialised school (Fachschule) culminating in an examination and
supplemented by work experience of a duration of not less than six months or a traineeship of not
less than six months in an approved establishment; or
(iii) at least two years at a specialised school (Fachschule) culminating in an examination and
supplemented by work experience of a duration of not less than one year or a traineeship of not less
than one year in an approved establishment.
The minimum duration may be reduced from three years to two years if the person concerned has the
qualification required to enter university (‘Abitur’), i.e. thirteen years of prior education and training, or the
qualification needed to enter a ‘Fachhochschule’ (‘Fachhochschulreife’), i.e. 12 years of prior education
and training.
Regulated courses for the professions of State-certified (staatlich geprüfte(r)) technician
(Techniker(in)), business economist (Betriebswirt(in)), designer (Gestalter(in)) and family assistant
(Familienpfleger(in)), of a total duration of not less than 16 years, a prerequisite of which is successful
completion of compulsory schooling or equivalent education and training (of a duration of not less
than nine years) and successful completion of a course at a trade school (Berufsschule) of a duration of
not less than three years and comprising, upon completion of at least two years of work experience,
full-time education and training of a duration of not less than two years or part-time education and
training of equivalent duration. Regulated courses and regulated in-service training, of a total duration
of not less than 15 years, a prerequisite of which is, generally speaking, successful completion of
compulsory schooling (of a duration of not less than nine years) and of vocational training (normally
three years) and which generally comprise at least two years of work experience (three years in most
cases) and an examination in the context of in service training preparation for which generally
comprises a training course which is either concurrent with the work experience (at least 1 000 hours)
or is attended on a full-time basis (at least one year).
In the Netherlands
Regulated training courses which correspond to qualification level 3 or 4 of the national register of
professional training courses, established by the Act on education and professional training, or older
training courses of an equivalent level.
Levels 3 and 4 of the qualification structure are described as follows
Level 3: Responsibility for the application and combination of standardised procedures.
Combining or designing procedures according to work organisation and preparation
activities. Ability to justify these activities to one's colleagues (no hierarchical link).
Hierarchical responsibility for monitoring and supporting the application using other
routine standardised or automated procedures. This level relates mainly to professional
competence and knowledge.
Level 4
Responsibility for performing the assigned tasks and also for combining or designing
new procedures. Ability to justify these activities to one's colleagues (no hierarchical
link). Explicit hierarchical responsibility for planning and / or administration and/or the
organisation and / or development of the entire production cycle. This level relates to
competence and knowledge which is specialised and / or not inherent to the profession.
The two levels correspond to regulated courses of study of a total duration of at least 15 years which
require the successful completion of eight years of elementary education followed by four years of
intermediate preparatory vocational education (VMBO), and which require at least three years' level 3 or 4
training at a college for intermediate vocational training (MBO), culminating in an examination. (The
average duration of vocational training may be reduced from three to two years where the student has a
qualification required to enter university (14 years of prior training) or to enter higher vocational education
(13 years of prior training)).
In the United Kingdom
Regulated courses leading to qualifications accredited as National Vocational Qualifications (NVQs) or, in
Scotland, accredited as Scottish Vocational Qualifications, at levels 3 and 4 of the United Kingdom
National Framework of Vocational Qualifications.
These levels are defined as follows
•
Level 3: competence in a broad range of varied work activities performed in a wide variety of
contexts and most of which are complex and non-routine. There is considerable responsibility and
autonomy, and control or guidance of others is often required.
Level 4: competence in a broad range of complex, technical or professional work activities
performed in a wide variety of contexts and with a substantial degree of personal responsibility
and autonomy. Responsibility for the work of others and the allocation of resources is often
present.
(1) (a) Nationals of Member States in possession of
evidence of professional qualifications obtained in another Member
State shall be permitted to pursue a regulated profession in the Maltese
territory in accordance with the national rules and regulations.
(b) In the case of professions covered by Section III
of Part III of these regulations, initial recognition shall respect the
minimum training conditions laid out in the relevant national legislation.
(2) For the purpose of these regulations the profession which
the applicant may pursue in Malta shall be the same as that for which
he is qualified in his home Member State if the activities covered are
comparable.
(3) The recognition of professional qualifications allows the
migrant to gain access to, and pursue in Malta the same profession as
that for which he is qualified in the home Member State under the same
conditions as nationals.
(4) These regulations shall also apply to a third country
citizen in posession of the status of long term resident within a Member
State or on being a family member of a citizen of a Member State
excercising the right to free movement within Member States.
(5) Any person benefiting from the recognition of
professional qualifications shall have the knowledge of languages
necessary for practising the profession in Malta.
Activities related to the categories of professional experience referred to in Regulations 18, 19, 20
List I
Major groups covered by Directive 64/427/EEC, as amended by Directive 69/77/EEC, and by Directives
68/366/EEC and 82/489/EEC
Directive 64/427/EEC
(liberalisation Directive 64/429/EEC)
NICE nomenclature (corresponding to ISIC major groups 23 to 40)
Manufacture of textiles
Manufacturing and processing of textile materials on woollen machinery
Manufacturing and processing of textile materials on cotton machinery
Manufacturing and processing of textile materials on silk machinery
Manufacturing and processing of textile materials on flax and hemp machinery
Other textile fibre industries (jute, hard fibres, etc.), cordage
Manufacture of knitted and crocheted goods
Textile finishing
Other textile industries
Manufacture of footwear, other wearing apparel and bedding
Machine manufacture of footwear (except from rubber or wood)
Manufacture by hand and repair of footwear
Manufacture of wearing apparel (except furs)
Manufacture of mattresses and bedding
Skin and fur industries
Manufactures of wood and cork, except manufacture of furniture
Sawing and industrial preparation of wood
Manufacture of semi-finished wood products
Series production of wooden building components including flooring
Manufacture of wooden containers
Manufacture of other wooden products (except furniture)
Manufacture of straw, cork, basketware, wicker-work and rattan products;
brush-making
260 Manufacture of wooden furniture
Manufacture of paper and paper products
Manufacture of pulp, paper and paperboard
Processing of paper and paperboard, and manufacture of articles of pulp
280 Printing, publishing and allied industries
Leather industry
Tanneries and leather finishing plants
Manufacture of leather products
Manufacture of rubber and plastic products, man-made fibres and starch
Processing of rubber and asbestos
Processing of plastic materials
Production of man-made fibres
Chemical industry
Manufacture of chemical base materials and further processing of such materials
Specialised manufacture of chemical products principally for industrial and
agricultural purposes (including the manufacture for industrial use of fats and
oils of vegetable or animal origin falling within ISIC group 312)
Specialised manufacture of chemical products principally for domestic or office use
[excluding the manufacture of medicinal and pharmaceutical products (ex ISIC
group 319)]
320 Petroleum industry
Manufacture of non-metallic mineral products
Manufacture of structural clay products
Manufacture of glass and glass products
Manufacture of ceramic products, including refractory goods
Manufacture of cement, lime and plaster
Manufacture of structural material, in concrete, cement and plaster
Stone working and manufacture of other non-metallic mineral products
Production and primary transformation of ferrous and non-ferrous metals
Iron and steel industry (as defined in the ECSC treaty, including integrated steel
works-owned coking plants)
Manufacture of steel tubes
Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming
Production and primary transformation of non-ferrous metals
Ferrous and non-ferrous metal foundries
Manufacture of metal products (except machinery and transport equipment)
Forging, heavy stamping and heavy pressing
Secondary transformation and surface-treatment
Metal structures
Boilermaking, manufacture of industrial hollow-ware
Manufacture of tools and implements and finished articles of metal (except
electrical equipment)
Ancillary mechanical engineering activities
Manufacture of machinery other than electrical machinery
Manufacture of agricultural machinery and tractors
Manufacture of office machinery
Manufacture of metal-working and other machine-tools and fixtures and
attachments for these and for other powered tools
Manufacture of textile machinery and accessories, manufacture of sewing
machines
Manufacture of machinery and equipment for the food-manufacturing and
beverage industries and for the chemical and allied industries
Manufacture of plant and equipment for mines, iron and steel works foundries,
and for the construction industry; manufacture of mechanical handling
equipment
Manufacture of transmission equipment
Manufacture of machinery for other specific industrial purposes
Manufacture of other non-electrical machinery and equipment
Electrical engineering
Manufacture of electric wiring and cables
Manufacture of motors, generators, transformers, switchgear, and other similar
equipment for the provision of electric power
Manufacture of electrical equipment for direct commercial use
Manufacture of telecommunications equipment, meters, other measuring
appliances and electromedical equipment
Manufacture of electronic equipment, radio and television receivers, audio
equipment
Manufacture of electric appliances for domestic use
Manufacture of lamps and lighting equipment
Manufacture of batteries and accumulators
Repair, assembly, and specialist installation of electrical equipment
Manufacture of transport equipment
Manufacture of motor vehicles and parts thereof
Repair of motor vehicles, motorcycles and cycles
Manufacture of motorcycles, cycles and parts thereof
Manufacture of transport equipment not elsewhere classified
Miscellaneous manufacturing industries
Manufacture of precision instruments, and measuring and controlling
instruments
Manufacture of medico-surgical instruments and equipment and orthopaedic
appliances (except orthopaedic footwear)
Manufacture of photographic and optical equipment
Manufacture and repair of watches and clocks
Jewellery and precious metal manufacturing
Manufacture and repair of musical instruments
Manufacture of games, toys, sporting and athletic goods
Other manufacturing industries
Construction
Construction (non-specialised); demolition
Construction of buildings (dwellings or other)
Civil engineering; building of roads, bridges, railways, etc.
Installation work
Decorating and finishing
Directive 68/366/EEC
(liberalisation Directive 68/365/EEC)
NICE nomenclature
200 Industries producing animal and vegetable fats and oils
Food manufacturing industries (excluding the beverage industry)
Slaughtering, preparation and preserving of meat
Milk and milk products industry
Canning and preserving of fruits and vegetables
Canning and preserving of fish and other sea foods
Manufacture of grain mill products
Manufacture of bakery products, including rusks and biscuits
Sugar industry
Manufacture of cocoa, chocolate and sugar confectionery
Manufacture of miscellaneous food products
Beverage industry
Production of ethyl alcohol by fermentation, production of yeasts and spirits
Production of wine and other unmalted alcoholic beverages
Brewing and malting
Soft drinks and carbonated water industries
Manufacture of rubber products, plastic materials, artificial and synthetic fibres
and starch products
Manufacture of starch products
Directive 82/489/EEC
ISIC nomenclature
ex 855 hairdressing establishments (excluding chiropodists' activities and beauticians'
training schools)
List II
Major groups of Directives 75/368/EEC, 75/369/EEC and 82/470/EEC
Directive 75/368/EEC (activities referred to in Article 5(1))
ISIC nomenclature
ex 04
Fishing
Inland water fishing
ex 38
Manufacture of transport equipment
Shipbuilding and repairing
Manufacture of railroad equipment
Manufacture of aircraft (including space equipment)
ex 71
Activities allied to transport and activities other than transport coming under the
following groups
ex 711 Sleeping-and dining-car services; maintenance of railway stock in repair sheds;
cleaning of carriages
ex 712 Maintenance of stock for urban, suburban and interurban passenger transport
ex 713 Maintenance of stock for other passenger land transport (such as motor cars,
coaches, taxis)
ex 714 Operation and maintenance of services in support of road transport (such as
roads, tunnels and toll-bridges, goods depots, car parks, bus and tram depots)
ex 716 Activities allied to inland water transport (such as operation and maintenance of
waterways, ports and other installations for inland water transport; tug and
piloting services in ports, setting of buoys, loading and unloading of vessels and
other similar activities, such as salvaging of vessels, towing and the operation of
boathouses)
73 Communications: postal services and telecommunications
ex 85 Personal services
854 Laundries and laundry services, dry-cleaning and dyeing
855 ex 856 Photographic studios: portrait and commercial photography, except
journalistic photographers
ex 859 Personal services not elsewhere classified (only maintenance and cleaning of
buildings or accommodation)
Directive 75/369/EEC (Article 6: where the activity is regarded as being of an industrial or small craft
nature)
ISIC nomenclature
The following itinerant activities
(a) the buying and selling of goods
by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612)
in covered markets other than from permanently fixed installations and in open-air
markets.
(b) activities covered by transitional measures already adopted that expressly exclude
or do not mention the pursuit of such activities on an itinerant basis.
Directive 82/470/EEC (Article 6(1) and (3))
Groups 718 and 720 of the ISIC nomenclature
The activities comprise in particular
organising, offering for sale and selling, outright or on commission, single or collective
items (transport, board, lodging, excursions, etc.) for a journey or stay, whatever the
reasons for travelling (Article 2(B)(a)) acting as an intermediary between contractors
for various methods of transport and persons who dispatch or receive goods, and
carrying out related activities
(aa) by concluding contracts with transport contractors, on behalf of principals
(bb) by choosing the method of transport, the firm and the route considered most profitable
for the principal
(cc) by arranging the technical aspects of the transport operation (e.g. packing required for
transportation); by carrying out various operations incidental to transport (e.g. ensuring
ice supplies for refrigerated wagons)
(dd) by completing the formalities connected with the transport such as the drafting of way
bills; by assembling and dispersing shipments
(ee) by coordinating the various stages of transportation, by ensuring transit, reshipment,
transshipment and other termination operations
(ff) by arranging both freight and carriers and means of transport for persons dispatching
goods or receiving them
assessing transport costs and checking the detailed accounts by taking certain
temporary or permanent measures in the name of and on behalf of a shipowner or
sea transport carrier (with the port authorities, ship's chandlers, etc.). [The
activities listed under Article 2(A)(a), (b) and (d)].
List III
Directives 64/222/EEC, 68/364/EEC, 68/368/EEC, 75/368/EEC, 75/369/EEC, 70/523/EEC and
82/470/EEC
Directive 64/222/EEC
(liberalisation Directives 64/223/EEC and 64/224/EEC)
1. Activities of self-employed persons in wholesale trade, with the exception of wholesale trade
in medicinal and pharmaceutical products, in toxic products and pathogens and in coal (ex
Group 611).
2. Professional activities of an intermediary who is empowered and instructed by one or more
persons to negotiate or enter into commercial transactions in the name of and on behalf of
those persons.
3. Professional activities of an intermediary who, while not being permanently so instructed,
brings together persons wishing to contract directly with one another or arranges their
commercial transactions or assists in the completion thereof.
4. Professional activities of an intermediary who enters into commercial transactions in his own
name on behalf of others.
5. Professional activities of an intermediary who carries out wholesale selling by auction on
behalf of others.
6. Professional activities of an intermediary who goes from door to door seeking orders.
7. Provision of services, by way of professional activities, by an intermediary in the employment
of one or more commercial, industrial or small craft undertakings.
Directive 68/364/EEC
(liberalisation Directive 68/363/EEC)
ISIC ex Group 612: Retail trade
Activities excluded
Letting out for hire of farm machinery
Real estate, letting of property
Letting out for hire of automobiles, carriages and horses
Letting out for hire of railway carriages and wagons
Renting of machinery to commercial undertakings
Booking of cinema seats and renting of cinematograph films
Booking of theatre seats and renting of theatrical equipment
Letting out for hire of boats, bicycles, coin-operated machines for games of skill or
chance
853 Letting of furnished rooms
854 Laundered linen hire
859 Garment hire
Directive 68/368/EEC
(liberalisation Directive 68/367/EEC)
ISIC nomenclature
ISIC ex major Group 85
1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852).
2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853).
Directive 75/368/EEC (Article 7)
All the activities in the Annex to Directive 75/368/EEC, except the activities listed in Article 5(1) of this
Directive (List II, point 1, of this Schedule.
ISIC nomenclature
Banks and other financial institutions
Patent buying and licensing companies
Transport
Road passenger transport, excluding transportation by means of motor vehicles
Transportation by pipelines of liquid hydrocarbons and other liquid chemical
products
Community services
Libraries, museums, botanical and zoological gardens
Recreation services
Recreation services not elsewhere classified
Sporting activities (sports grounds, organising sporting fixtures, etc.), except the activities of sports
Games (racing stables, areas for games, racecourses, etc.)
Other recreation services (circuses, amusement parks and other entertainment)
Personal services
Domestic services
Beauty parlours and services of manicurists, excluding services of chiropodists
and professional beauticians' and hairdressers' training schools
Personal services not elsewhere classified, except sports and paramedical
masseurs and mountain guides, divided into the following groups
— Disinfecting and pest control
— Hiring of clothes and storage facilities
— Marriage bureaux and similar services
— Astrology, fortune telling and the like
— Sanitary services and associated activities
— Undertaking and cemetery maintenance
— Couriers and interpreter-guides
Directive 75/369/EEC (Article 5)
The following itinerant activities
(a) the buying and selling of goods
— by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612)
— in covered markets other than from permanently fixed installations and in open-air
markets
(b) activities covered by transitional measures already adopted that expressly exclude or do
not mention the pursuit of such activities on an itinerant basis.
Directive 70/523/EEC
Activities of self-employed persons in the wholesale coal trade and activities of intermediaries in the coal
trade (ex Group 6112, ISIC nomenclature)
Directive 82/470/EEC (Article 6(2))
These activities comprise in particular
hiring railway cars or wagons for transporting persons or goods
acting as an intermediary in the sale, purchase or hiring of ships
arranging, negotiating and concluding contracts for the transport of emigrants
receiving all objects and goods deposited, on behalf of the depositor, whether
under customs control or not, in warehouses, general stores, furniture depots,
coldstores, silos, etc.
supplying the depositor with a receipt for the object or goods deposited
providing pens, feed and sales rings for livestock being temporarily
accommodated while awaiting sale or while in transit to or from the market
carrying out inspection or technical valuation of motor vehicles
measuring, weighing and gauging goods.
(1) There shall be designated authorities to award and, or
receive evidence of formal qualifications and other documents or
information, competent to receive applications and to decide on matters
referred to in article 4 of the Act.
(2) The designated authorities shall work in close Collaboration
between Member
collaboration with the relevant counterparts of other Member States States.
and shall provide mutual assistance in order to facilitate application of
professional recognition. They shall ensure confidentiality of the
information exchanged.
(3) (a) The designated authorities shall exchange Exchange of
Information.
information with counterparts of the other Member States regarding
any disciplinary action or criminal sanctions taken, or any other serious,
specific circumstances which are likely to have consequences on the
pursuit of activities under these regulations in full respect of the
legislation and agreements concerning the protection of individuals with
regard to the processing and free movement of personal data, the
processing of personal data and the protection of privacy in the electronic
communications sector.
(b) The appropriate authorities in the home Member Investigations by
State shall examine the veracity of the circumstances and shall decide Home
State.
on the nature and scope of the investigations which need to be carried
out and shall inform the host Member State of the conclusions which it Host Member State
informed.
draws from the information available to it.
There shall be a National Contact Point whose functions shall National Contact
Documents and certificates which may be required in accordance with Sub-regulation 24(1)
1. Documents
(a) Proof of the nationality of the person concerned.
(b) Copies of the attestations of professional competence or of the evidence of formal
qualifications giving access to the profession in question, and an attestation of the
professional experience of the person concerned where applicable. The Designated
Authority may invite the applicant to provide information concerning his training to
the extent necessary in order to determine the existence of potential substantial
differences with the required national training, as laid down in Regulation 12. Where
it is impossible for the applicant to provide this information, the Designated Authority
shall address the contact point, the competent authority or any other relevant body in
the home Member State from which the foreign national comes.
(c) For the cases referred to in Regulation 14, a certificate concerning the nature and
duration of the activity issued by the competent authority or body in the home
Member State from which the foreign national comes.
(d) Where the Designated Authority requires of persons wishing to take up a regulated
profession proof that they are of good character or repute or that they have not been
declared bankrupt, or suspends or prohibits the pursuit of that profession in the event
of serious professional misconduct or a criminal offence, that Designated Authority
shall accept as sufficient evidence, in respect of nationals of Member States wishing
to pursue that profession in Malta, the production of documents issued by competent
authorities in the home Member State or the Member State from which the foreign
national comes, showing that those requirements are met. Those authorities must
provide the documents required within a period of two months. Where the competent
authorities of the home Member State or of the Member State from which the foreign
national comes do not issue the documents referred to in the first subparagraph, such
documents shall be replaced by a declaration on oath -or, in States where there is no
provision for declaration on oath, by a solemn declaration made by the person
concerned before a competent judicial or administrative authority or, where
appropriate, a notary or qualified professional body of the home Member State or the
Member State from which the person comes; such authority or notary shall issue a
certificate attesting the authenticity of the declaration on oath or solemn declaration.
(e) Where it is required of Maltese nationals wishing to take up a regulated profession, a
document relating to the physical or mental health of the applicant, in the case of a
foreign national of an Member States, it shall be accepted as sufficient evidence
thereof the presentation of the document required in the home Member State. Where
the home Member State does not issue such a document, it shall be accepted a
certificate issued by a competent authority in that State. In that case, the competent
authorities of the home Member State must provide the document required within a
period of two months.
(f) Where it is required of Maltese nationals wishing to take up a regulated profession to
furnish
— proof of the applicant's financial standing,
— proof that the applicant is insured against the financial risks arising from their
professional liability in accordance with the laws and regulations in force in
Malta regarding the terms and extent of cover,
It shall be accepted as sufficient evidence an attestation to that effect issued by the
banks and insurance undertakings of another Member State.
2. Certificates
To facilitate the application of Section III, Part III of these Regulations, it may be
prescribed that, in addition to evidence of formal qualifications, the person who satisfies
the conditions of training required must provide a certificate from the competent
authorities of his home Member State stating that this evidence of formal qualifications is
that covered by European Union Directive 2005/36/EC.
Point.
be>
(a) to provide the citizens and contact points of other Inform citizens and
Contact Points of
Member States with such information as is necessary concerning Member States.
the recognition of professional qualifications provided for in
Directive 2005#36 EC, including information on the national
legislation governing the professions and the pursuit of those
professions, including social legislation, and where appropriate
the rules of ethics<
(b) to assist citizens in realising the rights conferred on them Assist citizens in
realising rights.
by the Act, in cooperation, where appropriate, with the other contact
points and the competent authorities in the host Member States<
(c) to inform the European Commission, if so requested, of Inform.
the result of enquiries dealt with pursuant to the provisions of (a)
and (b) hereof, within two months of receiving them.
PART II
Free Provisions of Services
(Regulation 29)
Regulated Profession/
Designated Authority
Legislation
Professional Activity
Health Care Professions Act
Council for the Professions
“Acupuncturist
Complementary to Medicine
Chiropractor
Dental Hygenist
Dental Technologist
Dietitian
Environmental Health Officer
Medical Laboratory Scientist
Nutricianist
Occupational
Therapist
Optemetrist
Orthopist
Osteopaths
Perfusionist
Physiotherapist
Podiatrist
Psychotherapist
Radiographer
Speech Language Pathologist
Pharmacist
Pharmacy Council
Pharmacy Technicians
Nurses
Council for Nurses and
Midwives
Midwives
Medical Practioners
Medical Council
”.
Dental Surgeons
Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press
Lm2.48 (€5.78)
(1) Without prejudice to specific provisions of national
legislation and Community law, as well as to regulations 8 and 9 hereof,
no designated authority or other authority shall restrict, for any reason
relating to professional qualifications, the free provision of services
from another Member State>
(a) if the service provider is legally established in a Member
State for the purpose of pursuing the same profession in that
Member State<
(b) if he has pursued that profession in the Member State of
establishment for at least two years during the ten years preceding
the provision of services when the profession is not regulated in
that Member State. This condition shall not apply when either the
profession or the education and training leading to the profession
is regulated.
(2) The provisions of these regulations shall only apply
where the service provider moves to the territory of Malta to pursue, on
a temporary and occasional basis, the profession referred to in regulation
4(1). The temporary and occasional nature of the provision of services
shall be assessed case by case in relation to its duration, its frequency,
its regularity and its continuity.
(3) A service provider from another Member State shall be
subject to professional rules of a professional, statutory or administrative
nature which are directly linked to professional qualifications such as
the definition of the profession, the use of titles and serious professional
malpractice which is directly and specifically linked to consumer
protection and safety, as well as disciplinary provisions which are
applicable in national legislation to professionals who pursue the same
profession in Malta.
Pursuant to regulation 7(1) the service providers established
in another Member State shall be exempted from the requirements,
placed on professionals established in the national territory, relating to>
(a) authorisation by registration with, or membership of, a
national professional organisation or body>
(i) for the purpose of the application of disciplinary Automatic
temporary
provisions in force in Malta the relevant professional body registration or
may provide either for automatic temporary registration or proforma
membership.
pro-forma membership, provided that such registration or
membership does not delay or complicate in any way the
provision of services and does not entail any additional costs
for the service provider<
(ii) a copy of the declaration and, where applicable, of Registration
public social
the renewal referred to in regulation 9(1), and in the case of security body.
professions with health and safety implications or that benefit
from automatic recognition, accompanied by documents
referred to in regulation 9(4), shall be sent by the designated
authority to the relevant professional organisation or body
and this shall constitute automatic temporary registration or
pro-forma membership for this purpose<
(b) registration with a public social security body for the Declaration
purpose of settling accounts with an insurance relating to activities including
cover details.
pursued for the benefit of insured persons.
(1) Where the designated authority regulating a profession Declaration on first
provision or
so requires, the service provider, when first moving from a Member material change.
State to Malta in order to provide services, shall inform the designated
authority concerned in a written declaration to be made in advance
including the details of an insurance cover or other means of personal
or collective protection with regard to professional liability. Such
declaration shall be renewed once a year if the service provider intends
to provide temporary or occasional services during that year. The service
provider may communicate the declaration by any means.
(2) Moreover, for the first provision of services or if there First provision or
material change.
is a material change in the situation substantiated by the documents, the
designated authority may require that the declaration be accompanied Additional
documents.
by the following documents>
(a)
proof of the nationality of the service provider<
Proof of
Nationality.
(b) an attestation certifying that the holder is legally Legal establisment.
established in a Member State for the purpose of pursuing the
activities concerned and that he is not prohibited from practising,
even temporarily, at the moment of delivering the attestations<
Professional
(c)
evidence of professional qualifications<
qualifications.
(d) for cases referred to before, any means of proof that the
service provider has pursued the activity concerned for at least
two years during the previous ten years<
(e) for professions in the security sector where the Member
States so requires for its own nationals, evidence of no criminal
conviction.
(3) (a) The service shall be provided under the professional
title of the Member State of establishment, insofar as such a title exists
in that Member State for that professional activity. The title shall be
indicated in the official language or one of the official languages of the
Member State of establishment in such a way as to avoid confusion
with the professional title used in Malta.
(b) Where no such title exists in the Member State of
establishment, the service provider shall indicate his formal qualification
in the official language or one of the official languages of that Member
State.
(c) By way of exception, in cases referred to in Section
III of Part III, Freedom of Establishment shall be provided under the
Maltese professional title.
(4) (a) For the first provision of services, in the case of
regulated professions having public health or safety implications, and
which do not benefit from automatic recognition under Part III, Section
III of these regulations, the designated authority may check the
professional qualifications of the service provider prior to the first
provision of services. Such a prior check shall be possible only where
the purpose of the check is to avoid serious damage to the health or
safety of the service recipient due to the a lack of professional
qualifications of the service provider and where this is not beyond what
is necessary for that purpose.
(b) Within a maximum of one month of the receipt of
the declaration and accompanying documents, the designated authority
shall endeavour to inform the service provider either of its decision not
to check his qualifications or the outcome of such check. Where there
is a difficulty, which would result in delay, the competent authority
shall notify the service provider within the first month of the reason for
the delay and the timescale for a decision, which must be finalised within
the second month of receipt of completed documentations.
(c) Where there is a substantial difference between the
professional qualifications of the service provider and the training
required in the host Member State, to the extent that the difference is
such as to be harmful to public health or safety, the host Member State
shall give the service provider the opportunity to show, in particular by
means of an aptitude test, that he has acquired the knowledge or
competence lacking. In any case it must be possible to provide the service
within one month of a decision being taken in accordance with the
preceding paragraphs.
(d) In the absence of a reaction of the designated Absence of
reaction.
authority within the deadlines set in the preceding paragraphs, the service
may be provided.
(e) In cases where qualifications have been verified National
professional title.
under this regulation, the service shall be provided under the relevant
national professional title.
(1) Designated authorities may ask the competent Information
exchange between
authorities of the Member State of establishment, for each provision of Member States.
services, to provide any information relevant to the legality of the service
provider’s establishment and his good conduct, as well as the absence
of any disciplinary or criminal sanctions of a professional nature. The
designated authorities shall provide this information to competent
authorities in the Member States in accordance with the provisions of
regulation 5.
(2) The designated authorities shall ensure the exchange of Information
regarding
all information necessary for complaints by a recipient of a service complaints of
against a service provider to be correctly pursued. Recipients shall be recipient of service.
informed of the outcome of the complaint.
In cases where the service is provided under the professional Services provided
under Professional
title of the Member State of establishment or under the formal title of other
qualification of the service provider, in addition to the other requirements Member State.
relating to information contained in Community law, the relevant
authorities may require the service provider to furnish the recipient of
the service with any or all of the following information>
(a) the register in which he is registered, his registration Commercial or
public registration.
number, or equivalent means of identification contained in that
register, if the service provider is registered in a commercial register
or similar public register<
(b) the name and address of the competent supervisory Competent
authority, if the activity is subject to authorisation in the Member supervisory
authority.
State of establishment<
(c) any professional association or similar body with which
the service provider is registered<
(d) the professional title or, where no such title exists, the
formal qualification of the service provider and the Member State
in which it was awarded<
(e) the VAT identification number referred to in Council
Directive 77#388#EEC, if the service provider performs an activity
which is subject to Value Added Tax<
(f) details of any insurance cover or other means of personal
or collective protection related to professional liability.
PART III
Freedom of Establishment
Section 1
General System for the Evidence of Training
This section applies to all professions not covered by Sections
2 and 3 of of this Part of these regulations and in the following cases in
which the applicant, for specific and exceptional reasons, does not satisfy
the conditions laid down in those sections>
(a) for activities listed in Schedule IV, when the applicant
does not meet the requirements set out in regulations 18, 19 and
20<
(b) for doctors with basic training, specialised doctors,
nurses responsible for general care, dental practitioners, specialized
dental practitioners, veterinary surgeons, midwives, pharmacists
and architects, when the applicant does not meet the requirements
of effective and lawful professional practice referred to in regulation
21 and the relative sectoral legislation<
(c) for architects, when the applicant holds evidence of
formal qualification not listed in the Second Schedule to the Mutual
Recognition of Qualifications of Perit Regulations, 2002<
(d) without prejudice to regulation 22, the provisions for
automatic recognition in the relevant sectoral legislation, and the
acquired rights of specialised doctors in Part IX of the Health Care
Professions Act, for doctors, nurses, dental practitioners, midwives, Cap. 464.
pharmacists, veterinary surgeons, and architects holding evidence
of formal qualifications as a specialist, which must follow the
training leading to the possession of a title referred to in the Health
Care Professions Act, the Second Schedule to the Mutual
Recognition of Qualifications of Perit Regulations, 2004, and L.N. 274 of 2002.
Schedule I to the Mutual Recognition of Qualifications of
Veterinary Surgeons Regulations, 2004, and solely for the purpose L.N. 257 of 2004.
of the recognition of the relevant speciality<
(e) for nurses responsible for general care and specialized Specialized nurses
without training as
nurses holding evidence of formal qualifications as a specialist general care nurse.
which follows the training leading to the possession of a title
referred to in the Health Care Professions Act, when the applicant
seeks recognition where the relevant professional activities are
pursued by specialized nurses without training as general care
nurse<
(f) for specialised nurses without training as general care
nurse, when the applicant seeks recognition where the relevant
professional activities are pursued by nurses responsible for general
care, specialized nurses without training as general care nurse or
specialized nurses holding evidence of formal qualifications as a
specialist which follows the training leading to the possession of
the titles referred to in the Health Care Professions Act <
(g) for migrants meeting the requirements set out in Regulation 2.
regulation 2.
For the purpose of regulation 12, the professional Levels
Professional
qualifications are grouped under the following levels as described below> Qualifications.
(a) an attestation of competence issued by a competent Level a.
authority in the home Member State designated pursuant to
legislative, regulatory or administrative provisions of that Member
State on the basis of>
(i) a training course not forming part of a certificate or
diploma within the meaning of paragraphs (b), (c), (d) or (e)
hereunder, or a specific examination without prior training
or full time pursuit of the profession in a Member State for
three consecutive years or for an equivalent duration on a
part time basis during the previous ten years< or
(ii) general primary or secondary education, attesting
that the holder has acquired general knowledge<
(b) a certificate attesting to a successful completion of a
secondary course>
(i) general in character, supplemented by a course of
study or professional training other than those referred to in
paragraph (c) and, or by the probationary or professional
practice required in addition to that course< or
(ii) technical or professional in character,
supplemented where appropriate by a course of study or
professional training as aforementioned or by the probationary
or professional practice required in addition to that course<
(c)
a diploma certifying successful completion of>
(i) training at post secondary level other than that
referred to in paragraphs (d) and (e) of a duration of at least
one year or of an equivalent duration on a part time basis, one
of the conditions of entry of which is, as a general rule, the
successful completion of the secondary course required to
obtain entry to university or higher education or the
completion of equivalent school education of the higher
secondary level as well as the professional training which
may be required in addition to that post secondary course< or
(ii) in the case of a regulated profession, training with
a special structure included in Schedule II, equivalent to the
level of training referred to in paragraph (i), which provides a
comparable professional standard and which prepares the
trainee for a comparable level of responsibilities and functions<
(d) a diploma certifying successful completion of training
at post secondary level of at least three and not more than four
years or of an equivalent duration on a part time basis at a university
or establishment of higher education or another establishment of
equivalent level and, where appropriate, that he has successfully
completed the professional training required in addition to that
post secondary course<
(e) a diploma certifying that the holder has successfully
completed a post secondary level of at least four years or of an
equivalent duration on a part time basis, at a university or
establishment of higher education or another establishment of
equivalent level and where appropriate that he has successfully
completed that professional training required in addition to that
post secondary course.
(1) Any evidence of formal qualifications or set of evidence
of formal qualifications issued by a competent authority in a Member
State, certifying successful completion of training in the Member States
which is recognised by that Member State as being of an equivalent
level and which confers on the holder the same rights of access to or
pursuit of a profession or prepares for the pursuit of that profession,
shall be treated as evidence of formal qualifications of the type referred
to in regulation 13, including the level in question.
(2) Any professional qualification which, although not
satisfying the requirements contained in the legislative, regulatory or
administrative provisions in force in the home Member State for access
to or the pursuit of a profession, confers on the holder acquired rights
by virtue of these provisions, shall also be treated as such evidence of
formal qualifications under the same conditions as set out in sub-
regulation (1) above. This applies in particular if the home Member
State raises the level of training required for admission to a profession
and for its exercise, and if an individual who has undergone former
training, which does not meet the requirements of the new qualification,
benefits from acquired rights by virtue of national legislative, regulatory Acquired rights.
or administrative provisions< in such case this former training is
considered by the host Member State, for the purposes of the application
of regulation 15, as corresponding to the level of the new training.
(1) If access to, or pursuit of a regulated profession in Malta Access contingent
to specific
is contingent upon possession of specific professional qualifications, professional
the relative designated authority shall permit access to, and pursuit of qualifications.
that profession under the same conditions as apply to nationals, to
applicants possessing the attestation of competence or evidence of formal
qualifications required by another Member State in order to gain access
to and pursue that profession on its territory>
Provided that attestations of competence or evidence of formal Attestation of
Competence.
qualifications must satisfy the following conditions>
(a) they shall have been issued by the competent authority
in a Member State, designated in accordance with the legislative,
regulatory or administrative provisions of that Member State<
(b) they shall attest a level of professional qualifications at
least equivalent to the level immediately prior to that required in
Malta as described in regulation 13.
(2) Access to and pursuit of the profession, as described in
sub-regulation (1) of this regulation, shall also be granted to applicants
who have pursued the profession referred to in that sub-regulation on a
full-time basis for two years during the previous 10 years in another
Member State which does not regulate that profession, provided they
possess one or more attestations of competence or documents providing
evidence of formal qualifications. Attestations of competence or
evidence of formal qualifications must satisfy the following conditions>
(a) they shall have been issued by the competent authority
in a Member State, designated in accordance with the legislative,
regulatory or administrative provisions of that Member State<
(b) they shall attest a level of professional qualifications at
least equivalent to the level immediately prior to that required in
Malta as described in regulation 13<
(c) they shall attest that the holder has been prepared for
the pursuit of the profession in question.
(3) The two years’ professional experience referred to in
sub-regulation (2) above, may not, however, be required if the evidence
of formal qualifications which the applicant possesses certifies regulated
education and training within the meaning of regulation 2 at the levels
of qualifications described in regulation 13 paragraphs (b), (d), or (e).
(4) The regulated professions listed in Schedule III shall be
considered as such regulated education and training at the level described
in paragraph (c) of regulation 13. The list in Schedule III may be
amended in accordance with article 8 of the Act in order to take into
account regulated education and training which provides a comparable
professional standard and which prepares the trainee for a comparable
level of responsibilities and functions.
(5) Notwithstanding the provisions of sub-regulations 1(b)
and 2(a)(ii) hereof, the designated authority shall permit access, and
the pursuit of a regulated profession where access to such profession is
contingent upon possession of a qualification certifying successful
completion of higher or university education of four years’ duration or
a qualification referred to in paragraph (c) of regulation 13.
(1) Regulation 15 shall not preclude the designated
authority from requiring the applicant to complete an adaptation period
of up to three years or to take an aptitude test if>
(a) the duration of the training of which he provides evidence
under the terms of regulation 15(1) or (2) is at least one year shorter
than that required in Malta<
(b) the training he has received covers substantially different Substantially
different matters.
matters than those covered by the evidence of formal qualifications
required in Malta<
(c) the regulated profession comprises one or more regulated Range of
professional
professional activities which do not exist in the corresponding activities.
profession in the applicant’s home Member State within the
meaning of regulation 4(3) and that difference consists in specific
training which is required in Malta and which covers substantially
different matters from those covered by the applicant’s attestation
of competence or evidence of formal qualifications.
(2) If the designated authority makes use of the option Offer of choice
provided for in sub-regulation (1) hereof, it must offer the applicant the between
test and adaptation
choice between an adaptation period and an aptitude test< provided that period.
in the case where the designated authority finds it necessary not to offer
the choice, derogation may be sought in advance, providing sufficient Derogation.
justification.
(3) (a) The detailed rules governing the adaptation period Rules governing
adaptation period.
and its assessment as well as the status of a migrant under supervision
shall be laid out by the designated authority.
(b) The status enjoyed by the person undergoing the Status
undergoing
period of supervised practice shall be established by the designated supervised practice.
authority in conformity with national and Community law.
(4) By way of derogation from the principle of the right of Derogation from
right of applicant’s
the applicant to choose, as laid down in sub-regulation (2) hereof, the choice.
designated authority may stipulate either an adaptation period or an
aptitude test >
(a) in the case of professions whose pursuit requires precise Professions
requiring
knowledge of national law and in respect of which the provision knowledge of
of advice and, or assistance concerning national law is an essential national law.
and constant aspect of the professional activity<
(b) in the cases provided for in paragraphs (b) and (c) of Paragraphs 12 (b)
regulation 12, and for doctors and dental practitioners in paragraph and
for doctors and
(d) of the same regulation<
dental practitioners.
(c) in the case of paragraph (f) of regulation 12 when the Paragraph 12 (f).
migrant seeks recognition where the relevant professional activities
are pursued by nurses responsible for general care or specialised
nurses holding evidence of formal qualifications as a specialist Paragraph 12 (g).
which follows the training leading to the possession of the titles
referred to in the Health Care Professions Act, and in regulation
12 (g)<
(d) in the cases covered by regulation 12 (a), if the migrant
envisages pursuing professional activities in a self-employed
capacity or as a manager of an undertaking which requires the
knowledge and the application of the specific national rules in force,
provided that knowledge and application of those rules are required
by the designated authorities for access to such activities by its
own nationals.
(5) Sub-regulation (1) above shall be applied with due regard
to the principle of proportionality. In particular, if the applicant is
required to complete an adaptation period or take an aptitude test, it
must first be ascertained whether the knowledge acquired by the migrant
in the course of his professional experience in a Member State or in a
third country, is of a nature to cover, in full or in part, the substantial
difference referred to in this regulation and in regulation 2.
(1) The Common Platforms may be submitted to the
Common Platforms.
European Commission by Member States or by professional associations
or organisations, which are representative at national and European level.
(2) Where the applicant’s professional qualifications satisfy
the criteria established in the measure adopted in accordance with sub-
regulation (1), the designated authority shall waive the application of
compensation measures under regulation 16.
(3) Sub-regulations (1) and (2) hereof shall not affect the
competence of designated authorities to decide the professional
qualifications required for the pursuit of professions in their territory as
well as the contents and the organisation of their systems of education
and professional training.
(4) If it is considered that the criteria established in a measure
adopted in accordance with sub-regulation (1) hereof no longer offers
adequate guarantees with regard to professional qualifications, the
competent authority shall inform the Commission accordingly, which
shall, if appropriate, present a draft measure in accordance with the
procedure.
Section II
Recognition of Professional Experience
If access to or pursuit of one of the activities listed in Schedule
IV is contingent upon possession of general, commercial or professional
knowledge and aptitudes, the previous pursuit of the activity in another
Member State shall be recognized as sufficient proof of such knowledge
and aptitudes. The activity must have been pursued in accordance with
regulations 19, 20 and 21.
(1) For the activities in list I of Schedule IV, the activity Activities listed in
Schedule IV.
in question must have been previously pursued>
(a) for six consecutive years on a self-employed basis or as
a manager of an undertaking< or
(b) for three consecutive years on a self-employed basis or
as a manager of an undertaking, where the beneficiary proves that
he has received previous training of at least three years or the
activity in question, evidenced by a certificate recognized by the
Member State or judged by a competent professional body to be
fully valid< or
(c) for four consecutive years on a self-employed basis or
as a manager of an undertaking, where the beneficiary can prove
that he has received, for the activity in question, previous training
of at least two years’ duration, attested by a certificate recognised
by the Member State or judged by a competent professional body
to be fully valid< or
(d) for three consecutive years on a self-employed basis, if
the beneficiary can prove that he has pursued the activity in question
on an employed basis for at least five years< or
(e) for five consecutive years in an executive position, of
which at least three years involved technical duties and
responsibility for at least one department of the company, if the
beneficiary can prove that he has received, for the activity in
question, previous training of at least three years’ duration, as
attested by a certificate recognized by the Member State or judged
by a competent professional body to be fully valid.
(2) In cases in sub-regulations (1) (a) and (d) hereof, the
activity must not have finished more than ten years before the date on
which the complete application was submitted by the person concerned
to the competent authority referred to in article 4 of the Act.
(3) Sub-regulation (1)(e) hereof shall not apply to activities Not
hairdressing
listed in Group ex 855, hairdressing establishments, of the ISIC establishments.
Nomenclature in 3, list I, of Schedule IV.
(1) For the activities in list II of Schedule IV, the activity
in question must have been previously pursued>
(a) for five consecutive years on a self-employed basis or
as a manager of an undertaking< or
(b) for three consecutive years on a self-employed basis or
as a manager of an undertaking, where the beneficiary proves that
he has received previous training of at least three years for the
activity in question, evidenced by a certificate recognized by the
Member State or judged by a competent professional body to be
fully valid< or
(c) for four consecutive years on a self-employed basis or
as a manager of an undertaking, where the beneficiary can prove
that he has received, for the activity in question, previous training
of at least two years’ duration, attested by a certificate recognised
by the Member State or judged by a competent professional body
to be fully valid< or
(d) for three consecutive years on a self-employed basis or
as a manager of an undertaking, if the beneficiary can prove that
he has pursued the activity in question on an employed basis for at
least five years< or
(e) for five consecutive years on an employed basis, if the
beneficiary can prove that he has received, for the activity in
question, previous training of at least three years’ duration, as
attested by a certificate recognised by the Member State or judged
by a competent professional body to be fully valid< or
(f) for six consecutive years on an employed basis, if the
beneficiary can prove that he has received previous training in the
activity in question of at least two years’ duration, as attested by a
certificate recognised by the Member State or judged by a
competent professional body to be fully valid.
(2) In cases referred to in paragraphs (a) and (d) of sub-
regulation (1) above, the activity must not have been finished more
than ten years before the date on which the complete application was
submitted by the person concerned to the competent authority referred
to in article 4 of Act .
(1) For the activities in ISIC Nomenclature in list III, of
Schedule IV , the activity in question must have been previously pursued>
(a) for three consecutive years, either on a self-employed
basis or as a manager of an undertaking< or
(b) for two consecutive years, either on a self-employed
basis or as a manager of an undertaking, if the beneficiary can
prove that he has received previous training for the activity in
question, as attested by a certificate recognised by the Member
State or judged by a competent professional body to be fully valid<
or
(c) for two consecutive years, either on a self-employed
basis or as a manager of an undertaking, if the beneficiary can
prove that he has pursued the activity in question on an employed
basis for at least three years< or
(d) for three consecutive years, on an employed basis, if
the beneficiary can prove that he has received previous training
for the activity in question, as attested by a certificate recognised
by the Member State or judged by a competent professional body
to be fully valid.
(2) In cases referred to in (a) and (c) of sub-regulation (1),
the activity must not have finished more than 10 years before the date
on which the complete application was submitted by the person
concerned to the competent authority referred to in article 4 of the Act.
Section III
Recognition on the basis of coordination of
minimum training conditions
(1) There shall be recognition of evidence of formal Principle of
qualifications as doctor giving access to the professional activities of Automatic
Recognition.
doctor with basic training and specialised doctor, as nurse responsible
for general care, as dental practitioner, as specialised dental practitioner,
as veterinary surgeon, as pharmacist and as architect, referred to in the
Health Care Professions Act, and listed in the Second Schedule to the Recognition on the
Mutual Recognition of Qualifications of Perit Regulations, 2002, and basis
coordination of
in Schedule I to the Mutual Recognition of Qualifications of Veterinary minimum training
Surgeons Regulations, 2004, respectively, which satisfy the minimum condition.
training conditions referred to in the relevant articles of the Health
Care Professions Act, the Periti Act and the Veterinary Services Act, L.N. 274 of 2002.
respectively, and shall for the purpose of access to, and pursuit of the L.N. 257 of 2004.
professional activity , give such evidence the same effect on its territory
as the evidence of formal qualifications which it itself issues.
(2) With regard to the training referred to in the respective
acts mentioned in sub-regulation (1) above>
(a) part-time training may be authorised under conditions
laid down by the designated authorities< those authorities shall
ensure that the overall duration, level and quality of such training
is not lower than that of continuous full-time training<
(b) designated authorities shall promote continuing
education and training, ensuring that persons who have completed
their studies are able to keep abreast of professional developments
to the extent necessary to maintain safe and effective practice.
(1) Without prejudice to the acquired rights specific to the
professions concerned, in cases where the evidence of formal
qualifications as doctor giving access to the professional activities of
doctor with basic training and specialised doctor, as nurse responsible
for general care, as dental practitioner, as specialised dental practitioner,
as veterinary surgeon, as midwife and as pharmacist held by Member
State nationals does not satisfy all the training requirements stipulated
in the specific national sectoral legislation, it shall be recognised as
sufficient proof evidence of professional qualifications issued by those
Member States insofar as such evidence attests successful completion
of training which began before the reference dates laid down in the
Health Care Professions Act, and in Schedule I of the Mutual
Recognition of Qualifications of Veterinary Surgeons Regulations of
2004, and is accompanied by a certificate stating that the holder has
been effectively and lawfully engaged in the activities in question for at
least three consecutive years during the five years preceding the award
of the certificate.
(2) The same provisions shall apply to evidence of formal
qualifications as doctor giving access to the professional activities of
doctor with basic training and specialised doctor, as nurse responsible
for general care, as dental practitioner, as specialised dental practitioner,
as veterinary surgeon, as midwife and as pharmacist, obtained in the
territory of the former German Democratic Republic, which does not
satisfy all the minimum training requirements laid down in the specific
national sectoral legislation if such evidence certifies successful
completion of training which began before>
(a) the 3 rd October 1990 for doctors with basic training,
nurses responsible for general care, dental practitioners with basic
training, specialised dental practitioners, veterinary surgeons,
midwives and pharmacists< and
(b) the 3 rd April 1992 for specialised doctors.
(3) The evidence of formal qualifications referred to in sub-
regulation (1) above confers on the holder the right to pursue professional
activities throughout German territory under the same conditions as
evidence of formal qualifications issued by the competent German
authorities referred to in the Health Care Professions Act, and in
Schedule I of the Mutual Recognition of Qualifications of Veterinary L.N. 257 of 2004.
Surgeons Regulations of 2004.
(4) (a) Bulgaria may authorise the holders of the
qualification of
(feldsher) awarded in Bulgaria before 31
December 1999 and exercising this profession under the Bulgarian
national social security scheme on I January 2000 to continue to excerise
this profession, even if parts of their activities fall under the provisions
concerning doctors of medicine and nurses responsible for general care
respectively.
(b) The holders of the above Bulgarian qualification
are not entitled to obtain professional recognition in Malta as
doctors of medicine or as nurses (general care).
(1) Where the designated authorities decide on an Authorities listed in
Schedule V.
application for authorisation to pursue the regulated profession in
question by virtue of these regulations, those authorities may demand
the documents and certificates listed in Schedule V of these regulations.
(2) The documents referred to in Schedule V, paragraphs Documents not
more than three
(d), (e), and (f) of these regulations, shall not be more than three months months old.
old by the date on which they are submitted. The authorities and other
legal persons shall guarantee the confidentiality of the information,
which they receive.
(3) In case of justified doubts, the designated authority may Confirmation of
require from the competent authorities of a Member State confirmation authenticity.
of the authenticity of the attestations and evidence of formal
qualifications awarded in that other Member State, as well as, where
applicable, confirmation of the fact that the beneficiary fulfils, for the
professions referred to in Part III, Section III of these regulations, the
minimum training conditions set out respectively in the respective
sectoral legislation.
(4) In cases of justified doubt, where evidence of formal Verification with
the Member State of
qualifications, as defined in regulation 2, has been issued by a competent Origin.
authority in a Member State and includes training received in whole or
in part in an establishment legally established in the territory of another
Member State, the designated authority shall be entitled to verify with
the competent body in the Member State of origin of the award>
(a) whether the training course at the establishment which
gave the training has been formally certified by the educational
establishment based in the Member State of origin of the award<
(b) whether the evidence of formal qualifications issued is
the same as that which would have been awarded if the course had
been followed entirely in the Member State of origin of the award<
and, or
(c) whether the evidence of formal qualifications confers
the same professional rights in the territory of the Member State
of origin of the award.
(5) Where it is required of nationals to swear a solemn oath
or make a sworn statement in order to gain access to a regulated
profession, and where the wording of that oath or Statement cannot be
used by citizens of the other Member States, it shall be ensured that the
persons concerned can use an appropriate equivalent wording.
(1) The designated authority shall acknowledge receipt of
an application within a month of receipt and inform the applicant of
any missing document.
(2) The procedure for examining an application for
authorisation to practise a regulated profession must be completed as
quickly as possible and lead to a duly substantiated decision by the
designated authority in any case within three months after the date on
which the applicant’s complete file was submitted. However, this
deadline may be extended by one month in cases falling under Sections
I and II in Part III of these Regulations.
(1) A profession practised by the members of a professional
association or organisation referred to in regulation 2 and listed in
Schedule I shall be treated as a regulated profession.
(2) The Minister responsible for education may authorise a
professional association or organisation fulfilling the conditions and
functions referred to in regulation 2 to award evidence of formal
qualifications and confer titles to its members.
If the use of a professional title relating to one of the activities
of the profession is regulated, nationals of other Member States who
are authorised to practise a regulated profession on the basis of these
Regulations shall use the Maltese professional title which corresponds
to that profession and make use of any associated initials.
Without prejudice to regulation 27 and to Part II of these Use of Academic
regulations, it shall be ensured that a person be given the right to use Titles.
the academic titles conferred on him in the home Member State and
possibly an abbreviated form thereof in the language of the home
Member State. The appropriate authority may require that the title be
followed by the name and address of the awarding establishment or
examining board. Where an academic title of the home Member State
is liable to be confused with a title which requires supplementary training
not acquired by the beneficiary, the beneficiary may be required to use
the academic title of the home Member State in an appropriate form to
be laid down by the appropriate authority.
In the Schedule (article 2) to the Act, immediately after the Amendment of the
Schedule to the Act.
entry “Psychologist””there shall be inserted the regulated professions
and professional activites listed in Schedule VI to these regulations.
Revokes L.N. 271
The following regulations are hereby being revoked>
of 2002 and L.N.
272 of 2002.
(a) the Mutual Recogntion of Professional Education and
Training Regulations, 2002< and
(b) the Mutual Recogntion of Professional Activities
Regulations, 2002.
Institution of Production Engineers
13. Royal Institution of Chartered Surveyors
Institution of Marine Engineers
14. Royal Town Planning Institute
Royal Institution of Naval Architects
15. Chartered Society of Physiotherapy
Royal Aeronautical Society
16. Royal Society of Chemistry
Institute of Metals
17. British Psychological Society
Chartered Institution of Building Services Engineers
18. Library Association
Institute of Measurement and Control
19. Institute of Chartered Foresters
British Computer Society
(**) Irish nationals are also members of the following associations or organisations in the United Kingdom
Institute of Chartered Accountants in England and Wales
Institute of Chartered Accountants of Scotland
Institute of Actuaries
Faculty of Actuaries
The Chartered Institute of Management Accountants
Institute of Chartered Secretaries and Administrators
Royal Town Planning Institute
Royal Institution of Chartered Surveyors
Chartered Institute of Building.
(*) Only for the activity of auditing accounts