What is Act No. 18 / 2004 Coll.?

Act No. 18 / 2004 Coll., on the Recognition of Professional Qualifications and Other Eligibility of Nationals of Member States of the European Union and of Certain Members of other States and on the Amendment of Certain Acts (Act on the Recognition of Professional Qualifications) — Law on the recognition of professional qualifications and other competences of nationals of Member States of the European Union and of certain nationals of other States and amending certain laws (Law on the recognition of professional qualifications).

When it became Act No. 18 / 2004 Coll. effectiveness?

Act No. 18 / 2004 Coll. became effective 01.05.2004.

Is Act No. 18 / 2004 Coll. still valid?

Yes, Act No. 18 / 2004 Coll. is still valid and effective.

Act No. 18 / 2004 Coll. - Law on the recognition of professional q...

18

THE LAW

of 10 December 2003

on the recognition of professional qualifications and other competences of nationals of Member States of the European Union and of certain nationals of other States and amending certain laws (Law on the Recognition of Professional Qualifications)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

RECOGNITION OF COMPETENT QUALITY AND OTHER ELIGIBILITY

HLAVA I

BASIC PROVISIONS

§ 1

Subject matter and purpose of the law

(1) This Act implements the relevant provisions of the European Union1) and regulates the procedure of administrative offices, professional chambers and public employers (Paragraph 37 (1)) in the recognition of professional qualifications and other competences required for the pursuit of a regulated activity in the territory of the Czech Republic, provided that the professional qualification has been acquired or the activity has been carried out in another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation by the persons referred to in paragraph 2. That law also lays down rules on partial access to regulated activities and recognition of training carried out in another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation.

(2) Under this law, professional qualifications and other competences are recognised

(a) a national of a Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation (hereinafter referred to as "the Member State");

(b) permanent residents in the Czech Republic,

(c) a member of the family of the person referred to in (a) or (b) (2);

(d) a national other than a Member State has been granted long-term resident status in the Czech Republic or another Member State in the European Union (2a);

(e) a national other than a Member State has been authorised to reside in the territory of the Czech Republic or another Member State of the European Union for the purpose of scientific research, studies, traineeships or voluntary services in the European Voluntary Service (2b);

(f) a family member of a person referred to in (d) or (e), if he has been granted long-term residence in the Czech Republic 2c),

(g) persons who have been granted asylum or supplementary protection in the territory of the Czech Republic or their family member, if they have been granted long-term residence in the territory of the Czech Republic 2d),

(h) a national other than a Member State who is a victim of trafficking in human beings or who has received assistance for illegal immigration and who is cooperating with the competent authorities if he has been authorised to stay in the territory of the Czech Republic or another Member State of the European Union for that purpose 2f);

(i) an applicant for the issue of a European UnionBlue Card (20) or a holder of this card, an applicant for the issue of an employment card (21) or a holder of this card, an applicant for the issue of an intra-corporate transferee card (23) or an intra-corporate transferee card of an employee of another Member State of the European Union or a holder of that card, or a holder of a long-term residence permit in the territory of the Czech Republic, issued for a purpose other than that of an employment in the territory;

(hereinafter referred to as "the tenderer ').

(3) The provisions of this Act shall apply unless the provisions of the Special Act provide otherwise for the recognition of professional qualifications and other competence for the pursuit of regulated activities. This is without prejudice to the temporary or occasional pursuit of regulated activity under Title VIII of this Act or special legislation2g).

§ 2

Basic principles for the recognition of professional qualifications

(1) Administrative bodies, professional chambers and employers (Paragraph 37 (1)) may only require the applicant to comply with those conditions which the specific legislation requires of a citizen of the Czech Republic who has obtained professional qualifications in the Czech Republic.

(2) In deciding on the recognition of professional qualifications, recognition bodies shall be governed by the public interest and the interests of natural and legal persons who could be infringed by the exercise of a regulated activity by persons with insufficient professional qualifications and who are protected by specific legislation governing the conditions for the pursuit of the regulated activity for that purpose. These protected interests include, in particular, the protection of life and health, the protection of property, the protection of consumers, the protection of the environment, the protection of national cultural treasures, the protection against serious infringements of specific legislation or other serious consequences; the conditions laid down must be adequate and necessary to protect the interests protected by other legislation.

§ 3

Definition of terms

(1) For the purposes of this Act:

(a) professional qualifications as a natural person to carry out a regulated activity;

(b) evidence of formal qualifications as a diploma, certificate or other document issued by a competent authority or body of a Member State or similar document issued by a competent authority or institution of a State which is not a Member State (hereinafter referred to as "third State") or a set of such documents obtained by the tenderer after completion of education and training (hereinafter referred to as "education and training"),

1. which complies with the requirements of the legislation of the Member State of origin laying down the condition of professional qualifications for the pursuit of a regulated activity and thereby makes it professionally qualified for the pursuit of a regulated activity in the Member State of origin; or

2. which confirms the completion of education and training which the tenderers have prepared in the relevant professional field for the pursuit of the activity in question, unless the activity in question is a regulated activity in the Member State of origin.

In particular, education and training may include studies, professional training, experience carried out under the supervision of a qualified person who is duly completed by an examination ("trial practice '), or experience acquired in the performance of the activity in question under the supervision of a qualified person (" supervised practice'),

(c) any other eligibility for integrity or for the fact that a decision on bankruptcy has not been given against the applicant, that he has not been declared bankrupt or an insolvency application has not been rejected because of a lack of assets, or that the performance of the function of the statutory body, a member of the statutory body or other legal entity of the applicant does not prevent the applicant from acting in any comparable capacity in any legal person whose assets have been declared bankrupt or against which the insolvency application has been refused due to a lack of property 2j), or the fact that the tenderer has not been penalised for administrative or disciplinary or disciplinary or disciplinary action, or financial capacity or liability for damage caused by the activity in question is required by a special law for the performance of the regulated activity;

(d) the professional activity or group of professional activities the applicant intends to carry out in the Czech Republic;

1. if it is professionally qualified in the Member State of origin [§ 3 (b) (1)],

2. where the activity in question is not a regulated activity in the Member State of origin, where the tenderer is professionally prepared for the performance of the activity [Paragraph 3 (b) (2)] and carries out or has exercised that activity in accordance with the legislation of the Member State of origin; or

3. where the activity in question in the Member State of origin is carried out or carried out in accordance with the law;

(e) the regulated activity in question;

1. where the performance is reserved by the legislation of a Member State to the holder of the established evidence of formal qualifications in the form intended by the tenderer,

2. if it is to be exercised for public employers under § 37, if its performance is reserved in the Czech Republic by collective agreement or by internal regulation to the holder of a specified evidence of formal qualifications,

3. carried out in a Member State under a professional title where the use of that mark is reserved by the law of a Member State to the holder of a specified evidence of formal qualifications;

4. in the field of health or social services, where payment or compensation for such activity is reserved to the holder of a specified evidence of formal qualifications, or

5. carried out by members of a professional chamber or professional association listed in a list of professional associations or organisations, issued by the Ministry of Education, Youth and Sports (hereinafter referred to as "the Ministry") by a communication in the Ministry's Bulletin whose members of the profession are considered to be regulated by the General Directive or by another general regulation of the European Union on the recognition of professional qualifications (2k);

(f) an institution of a Member State of an educational establishment which, by virtue of an authorisation granted by that Member State or resulting from the legislation of that Member State and in accordance with its legislation, provides education and training and issues evidence of formal qualifications with which full legal effects are combined in that Member State for the purpose of carrying out the activity in question without prior verification or recognition of their equivalence, whether or not education and training leading to the issue of evidence of formal qualifications has been completed in the territory of that Member State; the institutions of a Member State shall always be considered, for the purposes of this Act, irrespective of their place of seat and European School2l), operating under the Convention on the Statute of the European Schools (hereinafter referred to as the European School),

(g) regulated education and training intended for preparation for the pursuit of the activity in question, where the structure of such education and training and the level is governed by the legislation of the Member State of origin or is subject to supervision or accreditation by the competent authority of the Member State of origin;

(h) the Member State of origin of the Member State in which the tenderer has acquired professional qualifications for the pursuit of the activity in question or the Member State in which the tenderer has carried out the activity in question. The Member State of origin shall also be understood as a third State, where this results from the provisions of this or of a special law. For the purposes of assessing other eligibility, the Member State of origin shall mean the Member State in which the activity in question was last carried out by the tenderer or of which the tenderer is a national,

(i) the home Member State of the Member State in which the tenderer has acquired the professional qualification for the pursuit of the activity in question or the Member State in which the tenderer has carried out or carried out the activity in question. For the purposes of assessing other eligibility, the home Member State shall mean the Member State in which the applicant last carried out the activity in question or whose tenderer is a national,

(j) the host Member State, the Member State where the tenderer intends to establish himself permanently for the purpose of carrying out the activity in question or the Member State where the tenderer intends to provide services only temporarily or occasionally;

(k) by the recognition authority, the administrative authority or the professional body referred to in Article 29 (1);

(l) the professional practice of the actual and legally permitted pursuit of the activity in question in a Member State, namely the pursuit of the activity in question in the employment relationship for a specified week's working time or the commensurate pursuit of the activity in question in the employment relationship for a shorter working time or under an agreement to carry out work or an agreement to work, or the commensurate pursuit of the activity in question by a self-employed person;

(m) professional training of the period of professional experience carried out under supervision, where this constitutes a condition for taking up the activity in question, which may be completed during or after the completion of the training completed by obtaining a diploma or diploma;

(n) by a European Professional Card, an electronic document certifying either that the tenderer has fulfilled all the necessary conditions for the temporary or occasional pursuit of the activity in question or that he has demonstrated the recognition of professional qualifications for the purposes of establishment;

(o) lifelong learning of all general education, vocational education and training, informal education and informal learning leading to improved knowledge, skills and competences, including professional ethics,

(p) the European system of credit transfer and collection or ECTS credit system in higher education used in the European Higher Education Area;

(q) the IMI system for the exchange of information on the internal market for administrative cooperation between the competent authorities of the Member States and the competent authorities of the Member States and the Commission,

(r) a partial approach for the recognition by the recognition authority of qualifications in specific cases only for a separable separate part of the regulated activity.

(2) The ability of a natural person to perform a regulated activity shall be demonstrated in particular by evidence of formal qualifications or evidence of performance of the activity in question (hereinafter referred to as evidence of professional qualifications).

§ 4

Grades of evidence of formal qualifications

(1) For the purposes of this Act, evidence of formal qualifications in the fifth grade shall mean evidence of formal qualifications issued by the competent authority or institution of the Member State of origin, showing that its holder has successfully completed more than four years of daily or presentational study or an external or distance study corresponding to the length at a university or institution of a similar level and, where appropriate, further training required to supplement that degree, which may also be expressed by the corresponding number of ECTS credits, after obtaining a secondary education with a graduate degree or other training required in the Member State of origin for admission to a similar level.

(2) For the purposes of this Act, evidence of fourth-degree formal qualifications shall mean evidence of formal qualifications issued by the competent authority or institution of the Member State of origin, showing that its holder, after obtaining a secondary education with a graduate examination, or any other education required in the Member State of origin for admission to a university or institution of similar level, has successfully completed at least three years of study, but not more than four years of day or presentation, or an external or distance study corresponding to the length at a university, higher education institution or institution of similar level, and, where appropriate, further training required to supplement that study, which may also be expressed by an appropriate number of ECTS credits.

(3) Evidence of third-degree formal qualifications shall, for the purposes of this Act, be understood as evidence of formal qualifications issued by the competent authority or institution of the Member State of origin, which demonstrates that the holder has successfully completed:

(a) after receiving a secondary education with a graduate examination, or any other education required in the Member State of origin for admission to a university or institution of similar level, at least one year, but less than three years of daily or preschool or external or distance studies corresponding to the length and, where appropriate, further preparation required to supplement that study; or

(b) regulated education or, in the case of regulated education and training activities with a specific structure, with competences that are wider than those referred to in paragraph 4 and equivalent competence in education and training referred to in point (a), providing a comparable level of expertise and preparing for a comparable level of duties and functions, provided that the document is accompanied by a confirmation by the competent authority of the Member State of origin.

(4) Evidence of second-degree formal qualifications shall, for the purposes of this Act, be understood as evidence of formal qualifications issued by the competent authority or institution of the Member State of origin, showing that the holder:

(a) after successful completion of secondary education, have completed further education and training which is not part of education and training leading to the issue of evidence of formal qualifications in third to fifth degrees, in an educational institution or in employment and, where appropriate, in a trial or under supervision required to supplement such education and training; or

(b) have successfully completed vocational secondary education and, where appropriate, further probationary or supervised practice required to complement vocational training in a secondary school or conservatory.

(5) For the purposes of this Act, evidence of formal qualifications in the first degree shall mean a document issued by the competent authority or institution of the Member State of origin confirming that its holder:

(a) have completed a training course or aptitude test which is not part of the education and training leading to the issue of evidence of formal qualifications in the second to fifth stages in the Member State of origin;

(b) has carried out the activity in question for a period of 3 years full-time or for a corresponding part-time period during the previous 10 years in the Member State of origin; or

(c) have successfully completed primary or general secondary education.

(6) The evidence of formal qualifications referred to in paragraphs 1 to 5 shall also be considered as evidence of formal qualifications issued by a competent authority or an institution of a third State or confirming education and training obtained for the most part outside the Member States, provided that its equivalence has been recognised in the Member State of origin and accompanied by the confirmation by the competent authority of the Member State of origin that the applicant has carried out the activity in question in the territory of that Member State for at least 3 years.

(7) A document or a set of evidence of formal qualifications of the fifth grade shall also be considered to be a document or a set of evidence of formal qualifications issued by the competent authority or body of the Member State of origin after having successfully completed education and training in that or another Member State, provided that such evidence is given equivalent legal effects to evidence of formal qualifications of the fifth grade which:

(a) the tenderers in the Member State of origin are qualified to carry out a regulated activity [Paragraph 3 (1) (b) (1)]; or

(b) confirms the training and training that the tenderers have trained for the pursuit of the activity in question, where the activity in question is not a regulated activity in the Member State of origin [Paragraph 3 (1) (b) (2)].

The first sentence shall apply mutatis mutandis to evidence of formal qualifications in the first to fourth stages.

HLAVA II

PROCEDURE OF THE RECOGNITION AUTHORITY IN RECOGNITION OF COMPETENT QUALITY

Díl 1

General provisions for the recognition of professional qualifications

§ 6

(1) If evidence of formal qualifications is required in the Czech Republic for the pursuit of regulated activities (§ 3 (1) (e)), the recognition body shall proceed according to § 8 to 15.

(2) Where the tenderer holds evidence of formal qualifications other than those referred to in § 4 but the conditions laid down in § 4 (6) are not met, the recognition body shall proceed in accordance with § 17.

(3) If a candidate in the Czech Republic intends to pursue an activity in the sector listed in the categories of professional practice issued by the Ministry by a communication in the Ministry Bulletin in accordance with the General Directive or other European Union Regulation on the recognition of professional qualifications (3), the recognition body shall proceed in accordance with Paragraph 18.

§ 7

Recognition of professional experience

The recognition authority shall recognise the professional experience of the applicant required by the special legislation for the pursuit of the regulated activity in the territory of the Czech Republic if the applicant submits proof of professional experience carried out in a Member State or in a third State in the field and of the length of the required specific legislation. The provisions of a specific legislation laying down specific requirements for the performance of professional experience are without prejudice to this.

§ 7a

Recognition of training

(1) Where access to a regulated activity in the Czech Republic is subject to completion of professional training, the recognition body shall recognise professional training completed in another Member State when examining an application for authorisation to carry out such regulated activity and, where appropriate, take into account professional training completed in a third country if it complies with the rules referred to in paragraph 2. The recognition authority may provide for an adequate limitation of the scope of part of the training which may be carried out abroad and will be recognised in the Czech Republic by an implementing act or a state regulation.

(2) The recognition of professional training shall not replace the requirements of the examination subject to access to the activity.

(3) The recognition authority shall lay down rules for the recognition of professional training completed in another Member State or in a third country by means of implementing legislation or state regulation.

Díl 2

General system for the recognition of professional qualifications

§ 8

Recognition of professional qualifications based on evidence of formal qualifications

(1) The recognition authority, under the conditions set out in Section 10, shall recognise the applicant's professional qualifications as equivalent to the professional qualifications required in the Czech Republic if the applicant:

(a) holds evidence of formal qualifications in accordance with Article 4, which makes it professionally qualified for the pursuit of a regulated activity in the Member State of origin [Paragraph 3 (1) (b) (1)];

(b) the activity in question has been carried out for a period of 1 year full-time or for an appropriate part-time period during the previous 10 years in the Member State of origin in which the activity in question is not a regulated activity and holds evidence of formal qualifications as referred to in Article 4 showing that the tenderer has completed the training and training which he has been trained in that Member State for the pursuit of the activity in question [Paragraph 3 (1) (b) (2)]; or

(c) holds evidence of formal qualifications as referred to in Article 4, issued to him after successful completion of regulated training, which he has been trained in the Member State of origin for the pursuit of the activity in question [Paragraph 3 (1) (b) (2)].

(2) By way of derogation from paragraphs 1 and 10, the recognition body may refuse access to and pursuit of a regulated profession by the holder of evidence of formal qualifications in the first degree referred to in Article 4 (5) when evidence of formal qualifications in the fifth degree is required in the Czech Republic in accordance with Article 4 (1).

§ 10

Compensation measures

(1) The recognition authority may require, under the conditions set out in paragraphs 4 to 6, prior to the recognition of professional qualifications, the tenderer to complete an adaptation period or to pass a difference test ("compensatory measures"). The recognition authority may require the tenderer to comply with only one compensatory measure, unless otherwise specified.

(2) A person who has obtained first-degree professional qualifications in accordance with § 4 (5) and applies for recognition of his professional qualifications if the fourth-degree qualification required in the Czech Republic is in accordance with § 4 (2), the recognition authority may require that the compensatory measure be fulfilled in the form of an adaptation period or a differential examination, or an adaptation period and a differential examination, as appropriate.

(3) A person who has obtained a second-degree qualification in accordance with § 4 (4) and applies for recognition of his professional qualification if the fifth-degree qualification required under § 4 (1) is in the Czech Republic, the recognition authority may require that the compensatory measure be fulfilled in the form of an adaptation period or a differential examination.

(4) The recognition authority may require the compensation measure to be met if:

(a) the content of the applicant's education and training, in the light of the theoretical and practical areas mentioned in the evidence of formal qualifications of the tenderer, is substantially different from the content of the education and training required in the Czech Republic; or

(b) the applicant intends to carry out a group of regulated activities in the Czech Republic in the course of the profession, but in the Member State of origin only some of those regulated activities are carried out or carried out and the training of the tenderer, the content of which is substantially different from the content of the education and training required in the Czech Republic, unless the possibility of partial access to the activity regulated under § 24h is used.

(5) For the purposes of paragraphs 1 to 4:

(a) the content of education and training required in the Czech Republic means theoretical and practical areas which form part of the content of education and training leading to the issue of evidence of formal qualifications required in the Czech Republic and the knowledge of which is necessary for the pursuit of regulated activities; in the case of regulated activities for which the relevant Directive or other European Union Regulation on the recognition of professional qualifications lays down minimum requirements for education and training, the content of education and training required in the Czech Republic shall be understood as the minimum requirements laid down in that Regulation;

(b) when assessing whether the difference in the content of education and training is substantial, the recognition body shall take into account in particular whether the professional qualifications of the tenderer offer similar guarantees of protection of the interests referred to in Article 2 (2) as a separate legislation governing the conditions for the pursuit of the regulated activity.

(6) The recognition authority shall not require and recognise the applicant's professional qualifications when the material difference in the content of education and training is offset by the knowledge, skills and competences acquired by the tenderer during the course of the activity or lifelong learning in any Member State or third country and confirmed by the competent authority of the Member State of origin in order to recognise his professional qualifications.

§ 11

Selection of the candidate between the adaptation period and the difference test

(1) Except in the cases referred to in paragraphs 2 and 10 (2) and (3), a candidate to whom compensation measures are imposed under Paragraph 10 is entitled to choose between the adaptation period and the difference test.

(2) By way of derogation from paragraph 1, the implementing act may, under the conditions laid down in the relevant European Union4b Regulation, provide for regulated activities for which, by way of derogation from paragraph 1, the choice of the tenderer between the adaptation period and the difference test is excluded and determine the compensatory measure to be imposed by the tenderer in such cases under the conditions set out in Paragraph 10. The provisions of the Special Act (5) are without prejudice to this.

Adaptation period and difference test

§ 13

(1) The adaptation period shall mean the period of exercise of the regulated activity in the Czech Republic by a candidate supervised by a competent natural person in order to supplement the knowledge of theoretical and practical areas which are part of the content of education and training leading to the issue of evidence of formal qualifications required in the Czech Republic and whose knowledge is necessary for the exercise of the regulated activity. Further education or training aimed at complementing professional qualifications may also be part of the adaptation period.

(2) The recognition authority shall establish a list of areas the knowledge of which is necessary for the performance of the regulated activity and which are not part of the professional qualification of the tenderer according to the document submitted. These areas may include both theoretical knowledge and practical skills required for the performance of regulated activities.

(3) The recognition authority shall lay down in the decision pursuant to § 24 the conditions for the exercise of the adaptation period, namely:

(a) the length of the adaptation period;

(b) the areas referred to in paragraph 2, the knowledge of which the tenderer is obliged to complete within the adaptation period,

(c) how to evaluate the adaptation period.

(4) The duration of the adaptation period must not exceed 3 years. If the applicant intends to engage in a regulated activity in the Czech Republic, if evidence of first-degree formal qualifications is required for its performance, the duration of the adaptation period may not exceed 2 years.

(5) On the basis of the opinion of the competent person referred to in paragraph 1, the recognition body shall assess whether the purpose of the adaptation period has been fulfilled, after the expiry of the period laid down in paragraph 3 (a) or if the tenderer so requests after half that period and after every 6 months thereafter. The purpose of the adaptation period shall be fulfilled if the tenderer demonstrates knowledge of the areas referred to in paragraph 3 (b). In that case, the recognition authority shall recognise the candidate's professional qualifications.

§ 14

(1) A split test means a test of the professional knowledge, skills and abilities of the applicant to assess the ability of the tenderer to perform regulated activities in the Czech Republic. The division test shall take place before the recognition authority, the other administrative authority, the university or other educational institution of the relevant target (hereinafter referred to as the test facility).

(2) The recognition authority shall establish a list of areas the knowledge of which is necessary for the performance of the regulated activity and which are not part of the professional qualification of the tenderer according to the document submitted. These areas may include both theoretical knowledge and practical skills required for the performance of regulated activities.

(3) The recognition authority shall determine in a decision pursuant to § 24 the conditions for the performance of the differential test, namely:

(a) the areas referred to in paragraph 2 to be subject to a differential test; and

(b) the course and manner of evaluation of the differential test.

(4) The recognition authority shall ensure that the tenderer is able to pass the difference test within 6 months of the decision referred to in paragraph 3.

(5) The division test usually has a written and oral part. The division test shall normally be in the Czech language and shall take account of the fact that the tenderer is a person qualified to pursue the profession in the home Member State or in the Member State of origin. The cost of the difference test is paid by the applicant and must not exceed CZK 6,500.

(6) The test equipment shall assess whether the candidate has benefited or not in the differential test. The candidate has benefited from the test if he demonstrates his knowledge of the areas referred to in paragraph 3 (a). In that case, the recognition authority shall recognise the candidate's professional qualifications.

§ 15

The implementing act or the State code may specify, for each regulated activity or group of regulated activities, taking into account their specificities, the method of determining the length of the adaptation period and the conditions for the performance and evaluation of the adaptation period and the difference test, including the forms, content and extent of the difference test.

Díl 3

Specific modalities for the recognition of professional qualifications

§ 17

Recognition of professional qualifications on the basis of evidence of formal qualifications other than those referred to in § 4

(1) If the tenderer holds a evidence of formal qualifications which does not meet the conditions set out in Section 4, in particular if the tenderer holds a evidence of formal qualifications issued in a third State and the conditions laid down in Section 4 (6) are not met, the recognition authority shall assess the knowledge and skills of the certified evidence of professional qualifications of the tenderer and make a comparison with the content of the training which leads to the issue of evidence of formal qualifications required in the Czech Republic for the performance of the regulated activity.

(2) The recognition authority shall recognise the applicant's professional qualifications, unless it is demonstrated that there is a substantial difference between the knowledge and skills attested by evidence of the applicant's professional qualifications and the content of education and training leading to the issue of evidence of formal qualifications required in the Czech Republic for the pursuit of regulated activities. Otherwise, the tenderer shall require the tenderer to comply with the compensatory measure.

(3) Paragraphs 9 to 11 and paragraphs 13 and 14 shall apply mutatis mutandis to recognition under paragraphs 1 and 2.

§ 18

Recognition of professional qualifications for the pursuit of regulated activities in the sectors listed in the relevant Annex to the European Union Directive on the recognition of professional qualifications

(1) The recognition authority shall recognise the professional qualifications of the tenderer for the pursuit of a regulated activity in the sector referred to in the relevant Annex to the European Union Directive on the recognition of professional qualifications where the tenderer has carried out the activity in question in the Member State of origin

(a) in the case of activities included in the list issued by the Ministry by a communication in the Ministry Bulletin in accordance with list I of Annex IV to the European Union Directive on the recognition of professional qualifications

1. for 6 consecutive years as a self-employed person or as a manager;

2. for 3 consecutive years as a self-employed person or as a leader, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least three years of education and training which he has been trained to carry out the activity in question in the Member State of origin,

3. for a period of 4 consecutive years as a self-employed person or as a leader, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least two years of education and training which he has been trained to carry out the activity in question in the Member State of origin,

4. For 3 consecutive years as a self-employed person, if the tenderer proves that he has been engaged in the activity in question for at least 5 years in a professional relationship, in a service, in a Member State or in a similar relationship (hereinafter referred to as "employment relationship") 6); or

5. for a period of 5 consecutive years in a leading position, of which at least 3 years in a professional capacity with responsibility for at least one division of an undertaking, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least three years of education and training which he has been trained to carry out the activity in question in the Member State of origin; This point shall not apply where the recognition of professional qualifications for the pursuit of regulated activities in a sector designated as Section ex 855 of the International Standard of Classification of Economic Activities (hairdresser) is concerned,

where, in the cases referred to in points 1 and 4, the pursuit of the activity in question may not be completed more than 10 years before the application pursuant to Paragraph 22,

(b) in the case of activities listed by the Ministry, a communication in the Ministry Bulletin in accordance with list II of Annex IV to the European Union Directive on the recognition of professional qualifications

1. for five consecutive years as a self-employed person or as a manager;

2. for 3 consecutive years as a self-employed person or as a leader, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least three years of education and training which he has been trained to carry out the activity in question in the Member State of origin,

3. for a period of 4 consecutive years as a self-employed person or as a leader, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least two years of education and training which he has been trained to carry out the activity in question in the Member State of origin,

4. for 3 consecutive years as a self-employed person or as a manager, if the tenderer proves that he has pursued the activity in question for at least 5 years in an employment relationship;

5. for a period of 5 consecutive years in an employment relationship, where he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least three years of education and training which he has been trained to carry out the activity in question in the Member State of origin; or

6. for a period of 6 consecutive years in a professional relationship, where he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least two years of education and training which he has been trained to carry out the activity in question in the Member State of origin,

where, in the cases referred to in points 1 and 4, the pursuit of the activity in question may not be completed more than 10 years before the application pursuant to Paragraph 22,

(c) in the case of activities included in the list issued by the Ministry by a communication in the Ministry Bulletin in accordance with list III of Annex IV to the European Union Directive on the recognition of professional qualifications

1. for 3 consecutive years as a self-employed person or as a manager;

2. for 2 consecutive years as a self-employed person or in a managerial capacity, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying education and training which he has been trained to carry out the activity in question in the Member State of origin,

3. for 2 consecutive years as a self-employed person or as a manager, if the tenderer proves that he has been engaged in the activity in question for at least 3 years in an employment relationship; or

4. for 3 consecutive years in a professional relationship, where he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying education and training which he has been trained to carry out the activity in question in the Member State of origin;

where, in the cases referred to in points 1 and 3, the pursuit of the activity in question must not be completed more than 10 years before the application pursuant to Paragraph 22.

(2) The performance of the activity in question in the lead position referred to in paragraph 1 shall be understood as the pursuit of the activity in question in the relevant sector in the position of:

(a) persons entrusted with the management of an undertaking or an organisational component of an undertaking;

(b) the agent responsible for the entrepreneur or person referred to in (a); or

(c) a head of staff responsible for trade or professional matters responsible for at least one division of the undertaking.

(3) If the professional qualifications of the tenderer referred to in paragraph 1 cannot be recognised, the provisions of paragraphs 7 to 15 shall apply mutatis mutandis.

§ 19

Recognition on the basis of a common training framework

(1) If the European Union Regulation directly applicable so provides, or if the Commission so decides, the recognition body grants evidence of professional qualifications obtained by demonstrating compliance with the common training framework the same effects as those issued for the relevant activity in the Czech Republic.

(2) Paragraph 1 shall not apply where:

(a) there is no training facility in the Czech Republic providing education in a common training framework;

(b) the use of a common training framework could have a negative impact on the education system in the Czech Republic, or

(c) there are significant differences between the common framework of training and education in the Czech Republic and, in the procedure referred to in paragraph 1, the tenderer could seriously jeopardise public policy, public safety, health and safety of the recipients of services or the environment.

(3) The exemptions provided for in paragraph 2 shall be laid down by the Ministry in a decree for regulated activities following the directly applicable European Union regulation or decision of the Commission. The application of the derogation referred to in the first sentence shall be notified by the Centre for the Recognition of Professional Qualifications, together with a justification, to the Commission within 6 months of the adoption of the directly applicable regulation or of the Commission decision.

§ 19a

Recognition on the basis of joint final training examination

(1) If a directly applicable regulation so provides, or if the Commission so decides, the successful completion of a joint final examination of training in another Member State justifies the person who passed the examination to carry out the relevant activity in the Czech Republic under conditions which apply to persons who are qualified to carry out the activity in the Czech Republic.

(2) Paragraph 1 shall not apply where:

(a) the use of joint final training examinations does not provide sufficient guarantees with regard to the risks of recipients in the Czech Republic; or

(b) the use of joint final training examinations in the Czech Republic could significantly reduce the interest in the profession concerned.

(3) The exemptions provided for in paragraph 2 shall be laid down by the Ministry in a decree for regulated activities following the directly applicable European Union regulation or decision of the Commission. The application of the derogation referred to in the first sentence shall be notified by the Centre for the Recognition of Professional Qualifications, together with a justification to the Commission, within six months of the adoption of the directly applicable regulation or Commission Decision.

HLAVA III

RECOGNITION OF OTHER ELIGIBILITY

§ 20

(1) Where evidence is required for the performance of a regulated activity in the Czech Republic that the applicant is righteous or that he has not been affected for an administrative offence or for disciplinary or disciplinary action in connection with the performance of the activity in question, it shall be deemed to be sufficient evidence issued by the competent authority of the Member State of origin to demonstrate that. This document shall be an extract from the record of the criminal record or similar record of the Member State of origin or the corresponding document issued by the competent authority of the Member State of origin, or, where such a record is not kept in the Member State of origin, an affidavit of the candidate for his integrity.

Citation	Act No. 18 / 2004 Coll., on the Recognition of Professional Qualifications and Other Eligibility of Nationals of Member States of the European Union and of Certain Members of other States and on the Amendment of Certain Acts (Act on the Recognition of Professional Qualifications)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	23.01.2004
Effective from	01.05.2004
Effective until	-
Status	Valid

Act No. 18 / 2004 Coll.

Law on the recognition of professional qualifications and other competences of nationals of Member States of the European Union and of certain nationals of other States and amending certain laws (Law on the recognition of professional qualifications)

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