MUTUAL RECOGNITION OF QUALIFICATIONS OF PERITI REGULATIONS

MUTUAL RECOGNITION OF QUALIFICATIONS OF

PERITI

SUBSIDIARY LEGISLATION 622.03

MUTUAL RECOGNITION OF QUALIFICATIONS OF PERITI

REGULATIONS

27th December, 2022

LEGAL NOTICE 372 of 2022.

(1)

The title of these regulations is the Mutual

Recognition of Qualifications of Periti Regulations.

(2)

(2)

The scope of these regulations is to transpose

Directive 2005/36/EC of the European Parliament and of the Council

of 7 September 2005 on the recognition of professional qualifications

and Directive 2006/123/EC of the European Parliament and of the

Council of 12 December 2006 on services in the internal market.

In these regulations, unless the context otherwise

requires -

"Act" means the Periti Act.

(1)

In addition to nationals of Member States who

qualify for recognition in accordance with article 5(3) of the Periti Act,

the Board shall recognise those diplomas, certificates and other

evidence of formal qualifications in the field of architecture in the case

of nationals of Member States whose diplomas, certificates and other

evidence of formal qualifications in the field of architecture were

granted by, or whose training started in the former Czechoslovakia,

Soviet Union or Yugoslavia and this only in accordance with the

requisites of sub-article (2).

(2)

Sub-regulation (1) applies only to the following countries

and on condition that they attest that those qualifications, on their

territory, are deemed to be equivalent to the national qualifications in

architecture listed in Annex VI of Directive 2005/36/EU;

(a)

the authorities of the Czech Republic in the case

of education or training in the former Czechoslovakia before 1

January 1993;

(b)

the authorities of Estonia in the case of education

or training in the former Soviet Union before 20 August 1991;

(c)

the authorities of Latvia in the case of education

or training in the former Soviet Union before 21st August 1991;

(d)

the authorities of Lithuania in the case of

education or training in the former Soviet Union before 11

March 1990;

MUTUAL RECOGNITION OF QUALIFICATIONS OF

PERITI

(e)

the authorities of Slovakia in the case of education

or training in the former Czechoslovakia before 1 January 1993;

(f)

the authorities of Slovenia in the case of education

or training in Yugoslavia before 25 June 1991;

(g)

the authorities of Croatia in the case of education

or training in Yugoslavia before 8 October 1991.

(3)

In terms of sub-regulation (1), the Board shall only

recognise the education or training acquired on the dates specified in

sub-regulation (2).

(4)

The attestation in sub-regulation (2) shall be

accompanied by a certificate issued by the same authorities therein

indicated stating that those Member State nationals have effectively

and lawfully been engaged in activities in the field of architecture in

the authorities’ territory for at least three (3) consecutive years during

the five (5) years prior to the date of issue of the certificate.

(5)

The Board shall recognise the following evidence as

demonstrating eligibility for a candidate to be included in the list of

Perit Arkitett

- evidence of the successful completion of training existing as of

5 August 1985 and commenced not later than 17th January 2014,

provided by ‘Fachhochschulen’ in the Federal Republic of Germany

over a period of three (3) years, satisfying the requirements set out in

Article 46(2) of Directive 2005/36/EC and granting access to the

activities referred to in Article 48 of Directive 2005/36/EC in that

Member State under the professional title of Architect, in so far as the

training was followed by a four (4) year period of professional

experience in the Federal Republic of Germany, as attested by a

certificate issued by the designated authority in whose register the

name of the architect intending to benefit from the provisions of

Directive 2005/36/EC appears.

(1)

The Mutual Recognition of Qualifications of Perit

Regulations made under the Periti Act shall continue to apply as in

force before the coming into force of these regulations, until revoked

or amended, to any pending matter or procedure in accordance with

the provisions of the Periti Act.

(2)

Any warrant granted before the coming into force of the

Act shall, notwithstanding anything contained in the Act, remain in

force after the coming into force of the Act and shall be deemed to

have been granted under the Act and shall be governed by the

provisions of the Act.