Act No. 189 / 2008 Coll.

Act amending Act No. 18 / 2004 Coll., on the Recognition of Professional Qualifications and Other Eligibility of Nationals of Member States of the European Union and amending certain Acts (Act on the Recognition of Professional Qualifications), as amended, and other related laws

Valid Law Effective from 01.07.2008
Text versions: 01.01.2026 01.07.2022 01.04.2012 01.07.2008 02.06.2008
Contents
ČÁST PRVNÍ Čl. I „§ 1 „§ 4 „§ 6 § 7 „Díl 2 „§ 8 „§ 10 § 11 „§ 15 „Díl 3 § 17 § 18 „§ 25 „§ 27 „§ 29a „HLAVA VIII § 36a § 36b „§ 37 § 38 „HLAVA X § 38a Čl. II Čl. III ČÁST DRUHÁ Čl. IV „§ 2a „§ 21a § 21b § 21c § 21d § 21e § 21f § 21g § 21h „ČÁST SEDMÁ Díl 1 § 24 § 25 § 26 § 26a Díl 2 § 27 § 27a § 27b § 27c Díl 3 § 28 § 28a § 28b § 29 § 30 § 31 § 32 § 33 „§ 35 § 36 „ČÁST DEVÁTÁ § 36a „§ 37 „§ 38 „§ 38a „§ 40a „§ 42 Čl. V Čl. VI ČÁST TŘETÍ Čl. VII „§ 1 „§ 20a „§ 21a „§ 23a „§ 60a § 60b § 60c § 60d „§ 64 „HLAVA VII Díl 1 § 73 § 74 § 75 § 75a Díl 2 § 76 § 76a § 76b Díl 3 § 77 § 78 § 78a § 79 § 80 § 81 § 82 § 83 „§ 89 „HLAVA IX § 89a „§ 91a „§ 92 „§ 94 Čl. VIII Čl. IX ČÁST ČTVRTÁ Čl. X ČÁST PÁTÁ Čl. XI ČÁST ŠESTÁ Čl. XII „§ 1 „§ 15c „§ 30c § 30d „§ 30l „§ 30n „§ 30r Čl. XIII Čl. XIV ČÁST SEDMÁ Čl. XV ČÁST OSMÁ Čl. XVI Čl. XVII ČÁST DEVÁTÁ Čl. XVIII ČÁST DESÁTÁ Čl. XIX „§ 1 „§ 8b § 8c Čl. XX ČÁST JEDENÁCTÁ Čl. XXI Čl. XXII ČÁST DVANÁCTÁ Čl. XXIII „§ 21b „§ 44 Čl. XXIV ČÁST TŘINÁCTÁ Čl. XXV ČÁST ČTRNÁCTÁ Čl. XXVI Čl. XXVII ČÁST PATNÁCTÁ Čl. XXVIII ČÁST ŠESTNÁCTÁ Čl. XXIX ČÁST SEDMNÁCTÁ Čl. XXX „§ 10 ČÁST DEVATENÁCTÁ Čl. XXXII ČÁST DVACÁTÁ Čl. XXXIII ČÁST DVACÁTÁ PRVNÍ Čl. XXXIV ČÁST DVACÁTÁ DRUHÁ Čl. XXXV „§ 5a ČÁST DVACÁTÁ ČTVRTÁ Čl. XXXVII ČÁST DVACÁTÁ ŠESTÁ Čl. XXXIX
189
THE LAW
of 24 April 2008
amending Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competences of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Law on the Recognition of Professional Qualifications
Čl. I
Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competences of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended by Act No. 96 / 2004 Coll., Act No. 588 / 2004 Coll., Act No. 21 / 2006 Coll. and Act No. 161 / 2006 Coll., is amended as follows:
1. In the title of the law, the words "and certain members of other states' shall be inserted after the words" the European Union '.
2. The heading of Part One reads: "RECOGNITION OF COMPETENT QUALITY AND OTHER ELIGIBILITY '.
3. Article 1, including the title and footnotes 1, 2, 2a, 2b, 2c, 2d, 2e, 2f, 2g and 2i, reads as follows:
㤠1
Subject matter and purpose of the law
(1) This Act implements the relevant provisions of the European Community1) and regulates the procedure of administrative authorities, 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 obtained 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.
(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 European Community2a in the Czech Republic or another Member State;
(e) a national other than a Member State, if he has been authorised to stay in the territory of the Czech Republic or of another Member State of the European Union for the purpose of scientific research (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, if he has been authorised to stay in the territory of the Czech Republic or another Member State of the European Union for the purpose of study, exchange of pupils, unpaid training or voluntary service 2e);
(i) 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);
(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).
(4) The provisions of Title VIII shall not apply to investment intermediaries (2i).
1) Directive 2005 / 36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications. Article 39, 43 and 49 of the Treaty establishing the European Community.
2) Articles 23 and 24 (1) of Directive 2004 / 38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612 / 68 and repealing Directives 64 / 221 / EEC, 68 / 360 / EEC, 72 / 194 / EEC, 73 / 148 / EEC, 75 / 34 / EEC, 75 / 35 / EEC, 90 / 364 / EEC, 90 / 365 / EEC and 93 / 96 / EEC.
(2a) Article 11 (1) (a) and (c) and Article 21 (1) of Council Directive 2003 / 109 / EC of 25 November 2003 concerning the status of nationals of third countries who are long-term residents.
(2b) Article 12 (a) of Council Directive 2005 / 71 / EC of 12 October 2005 on a specific procedure for the admission of third-country nationals for scientific research purposes.
(2c) Article 14 (1) (b) of Council Directive 2003 / 86 / EC of 22 September 2003 on the right to family reunification; Section 13 and 14b of Act No. 325 / 1999 Coll., on Asylum.
(2d) Articles 23, 26 (1) and (3) and 27 (3) of Council Directive 2004 / 83 / EC of 29 April 2004 on the minimum standards to be complied with by third-country nationals or stateless persons in order to apply for refugee status or for a person in need of international protection for other reasons and the content of the protection granted.
(e) Article 17 (1) of Council Directive 2004 / 114 / EC of 13 December 2004 on the conditions for admission of third-country nationals for the purpose of studies, exchanges of pupils, unpaid training or voluntary service.
(f) Article 11 (1) of Council Directive 2004 / 81 / EC of 29 April 2004 concerning a residence permit for third-country nationals who are victims of trafficking in human beings or have received assistance for illegal immigration and who cooperate with the competent authorities.
2g) Part 7 of Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence in the exercise of the medical profession of physician, dental practitioner and pharmacist, as amended. Title VII of Act No. 96 / 2004 Coll., on the Conditions for the Acquisition and Recognition of Eligibility for the Purchasing of Non-Medical Medical Professionals and the Carriage of Health Care Activities and the Amendment of Certain Related Acts (Act on Non-Medical Medical Professionals), as amended.
2i) § 29 et seq. of Act No. 256 / 2004 Coll., on Capital Market Business, as amended. '
4. Paragraph 2 (1) reads as follows:
"(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 acquired professional qualifications in the Czech Republic."
5. in Article 3 (a):
"(a) professional qualifications as a natural person to carry out a regulated activity;"
6. In Article 3 (b), "formal 'is replaced by" achieved', "education 'is replaced by" education' and "in that State 'is deleted.
7. in Article 3, point (c) is deleted;
Points (d) to (j) shall be renumbered (c) to (i).
8. In Article 3 (c), the words "the property of the applicant has not been declared bankrupt or the fact that the applicant has been engaged in business with the care of a proper operator as a procurer or as a statutory body or a member of a statutory body or other body of a legal person whose property has been declared bankrupt 'are replaced by the words" a decision on bankruptcy has not been given against the applicant, that he has not been declared bankrupt or that the performance of the function of a statutory authority, a member of a statutory authority or another body of a legal person by the tenderer is not hindered in any comparable capacity in a legal person whose property has been declared bankruptcy or in respect of which the insolvency application has been refused for the property 2j),';
Footnote 2j reads:
"2j) § 38l of the Commercial Code. § 244 et seq. of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended. '
9. In Article 3 (d), the words "[§ 3 (b) (1)] 'are inserted after the words" professionally qualified in the Member State of origin' and the words "[§ 3 (b) (2)] 'are inserted after the words" professionally prepared'.
10. in Article 3 (e) and (f), including footnotes 2k and 2l:
"(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 means of a communication in the Ministry Bulletin whose members of the profession are considered to be regulated by the General Directive or other general regulation of the European Communities 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),
2k) Annex I to Directive 2005 / 36 / EC.
2l) Convention on the Statute of the European Schools, adopted in Luxembourg on 21 June 1994 (No 122 / 2005 Coll.). '.
11. in Article 3 (g), the word "education" is replaced by "education" and the word "education" is replaced by "education."
12. In Article 3, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The eligibility of a natural person for a regulated activity shall be demonstrated in particular by evidence of formal qualifications or evidence of the exercise of the activity in question (hereinafter referred to as" evidence of professional qualifications'). '.
13.
㤠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, having obtained a secondary education with a graduate examination, or any other training required in the Member State of origin for admission to a university or institution of a similar level, has successfully completed more than four years of study or a presentation study or an external or distance study corresponding to the length at a university or institution of similar level and, where appropriate, further training required to complement that study.
(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, having obtained a secondary education with a graduate examination, or any other training 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 study, 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.
(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) education and training included in the list of education and training with a special structure, issued by the Ministry by a communication in the Ministry Bulletin in accordance with a general directive or other European Community regulation on the recognition of professional qualifications 2m).
(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 has completed secondary education successfully.
(a) continuing 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) further trial 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) has successfully completed primary or 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) Evidence of formal qualifications in the fifth grade shall also be considered as evidence of formal qualifications issued by the competent authority or institution of the Member State of origin after successful completion of education and training in that or other Member State, provided that such evidence is given equivalent legal effects to evidence of formal qualifications in 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.
(2m) Annex II to Directive 2005 / 36 / EC. ';
14. Article 5, including the title and footnotes No 3 and 4, shall be deleted.
15. Article 6 and 7, including the title and footnote 3, read:
㤠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 engage in 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 Community 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.
3) Annex IV to Directive 2005 / 36 / EC. '
16. In Part One, Title II, heading 2 reads:

„Díl 2

General system for the recognition of professional qualifications'.
17.
㤠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 (§ 3 (1) (b) (1)) and which is at least the same degree or one degree lower than the evidence of formal qualifications required in the Czech Republic;
(b) he has been engaged in the activity in question for a period of 2 years full-time or for a corresponding 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 in accordance with § 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 [§ 3 (1) (b) (2) and which is at least the same degree or one degree lower than the evidence of formal qualifications required in the Czech Republic; or
(c) holds evidence of formal qualifications of at least the second degree referred to in Article 4, issued to him after the successful completion of regulated training, which he has been trained in the Member State of origin to carry out the activity in question [Paragraph 3 (1) (b) (2)], provided that the evidence is at least equal to or one degree lower than the evidence of formal qualifications required in the Czech Republic.
(2) Where a candidate in the Czech Republic intends to carry out a regulated activity and requires evidence of formal qualifications in the first to fourth stages to be carried out, the recognition authority shall recognise the applicant's professional qualifications under the conditions set out in Section 10, provided that the tenderer provides evidence of the regulated training referred to in the list of regulated education and training issued by the Ministry by means of a communication in the Ministry Bulletin in accordance with the General Directive or other European Communities Code on the recognition of professional qualifications (4), which he prepares for the performance of the activity in question in the Member State of origin.
(4) Annex III to Directive 2005 / 36 / EC. '
18. In Section 9, the word "formal 'is replaced by" achieved' and the word "education 'is replaced by the word" education'.
19. Sections 10 and 11, including the headings and footnotes Nos 4a, 4b and 5, read:
㤠10
Compensation measures
(1) The recognition authority may, under the conditions set out in paragraphs 2 to 4, require, 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.
(2) The recognition authority may require the compensation measure to be met if:
(a) the length of the applicant's education and training is at least 1 year shorter than the length of the education and training leading to the issue of evidence of formal qualifications required for the pursuit of regulated activities in the Czech Republic;
(b) the content of the applicant's education and training, from the point of view of the theoretical and practical areas mentioned in the evidence of formal qualifications of the tenderer, is substantially different from that required in the Czech Republic; or
(c) the applicant intends to carry out a group of regulated activities in the Czech Republic as part of the profession, but in the Member State of origin only some of these 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 education and training required in the Czech Republic, is also responsible.
(3) For the purposes of paragraphs 1 and 2:
(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 Community 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) in the case of evidence of formal qualifications referred to in Article 4 (7), the length of the applicant's education and training shall mean the length of education and training required in the Member State of origin for the issue of evidence of formal qualifications of the relevant grade to which proof of formal qualifications of the tenderer is compared in that State;
(c) when assessing whether the difference in the content of education and training is material, 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.
(4) The recognition authority shall not require and recognise the applicant's professional qualifications if the applicant's professional qualifications meet the conditions set out in the relevant Directive or other Regulation of the European Communities setting out a set of requirements for professional qualifications which offset the substantial differences between education and training required for the exercise of a regulated activity in different Member States (hereinafter referred to as "the common platform ') 4a, or if the difference in length of education and training or the substantial difference in the content of education and training is offset by knowledge or experience acquired in the course of the previous performance of the activity in question or confirmed on the basis of another evidence of professional qualifications of the tenderer.
§ 11
Selection of the candidate between the adaptation period and the difference test
(1) Except in the cases referred to in paragraph 2, 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 Communities Regulation (4b), 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.
(4a) Article 15 of Directive 2005 / 36 / EC.
(4b) Article 14 (2) and (3) of Directive 2005 / 36 / EC.
5) For example Act No. 417 / 2004 Coll., on Patent Representatives and amending the Act on Industrial Property Protection Measures, as amended. '
20. Article 12 shall be deleted;
21. In Paragraph 13 (1), the first sentence is replaced by the sentence "The adaptation period shall mean the period of the exercise of the regulated activity in the Czech Republic by a candidate under the supervision of a competent natural person in order to supplement the knowledge of 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 which are necessary for the exercise of the regulated activity."
22. In the second sentence of Paragraph 13 (1), "education 'is replaced by" education'.
23. in Article 13 (4), the word "formal" is replaced by "achieved."
24. in Paragraph 14 (4), the amount "CZK 3,000" is replaced by "CZK 5,000."
25.
㤠15
The implementing act or the State Regulations 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 tests, including the forms, content and extent of the difference test. ';
Article 26 (16), including the title, shall be deleted.
27. In Part One, Title II, Part 3, including the headings and footnotes No 6, read:

„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 Directive of the European Communities on the recognition of professional qualifications
(1) The recognition authority shall recognise the applicant's professional qualifications for the pursuit of a regulated activity in the sector referred to in the relevant Annex to the Directive of the European Communities on the recognition of professional qualifications (4a) where the applicant 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 Directive of the European Communities 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 included in the list issued by the Ministry by a communication in the Ministry Bulletin in accordance with list II of Annex IV to the Directive of the European Communities 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 Directive of the European Communities 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.
6) § 3 of Act No. 262 / 2006 Coll., Labour Code. '.
28. in Article 20 (1) and (2):
"(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.
(2) Where evidence is required for the performance of a regulated activity in the Czech Republic that, for a period laid down by a special legislature 2j) a decision on bankruptcy has not been taken against the applicant, that no bankruptcy or insolvency claim has been rejected against him for lack of assets, or that the performance of the function of the statutory authority, a member of the statutory authority or another body of a legal person by the tenderer does not prevent the prior operation in any comparable position in a legal person whose property has been declared bankrupt or against whom the insolvency application has been rejected for lack of property, it shall be considered to be sufficient evidence issued by the competent authority of the Member State of origin which proves that fact. '
29. In Article 20 (3), the words "if appropriate 'are deleted.
30. Paragraph 20 (8) reads:
"(8) The document referred to in paragraphs 1 to 6 shall not be more than 3 months old on the date of the initiation of the procedure for the recognition of professional qualifications (Section 22 (1)). ';
31. in Article 22 (1), the words "the Ministry of Education, Youth and Sports (" the Ministry ")" shall be replaced by the words "the Ministry."
32. in Paragraph 22 (2) (a), the words "nationality," shall be deleted;
33. in Article 22 (2) (b), the word "exercise," shall be replaced by the words "exercise, or, where appropriate, the proposed scope of authorisation, and ';
Zobrazit všechna ustanovení (2482)
Contents
ČÁST PRVNÍ Čl. I „§ 1 „§ 4 „§ 6 § 7 „Díl 2 „§ 8 „§ 10 § 11 „§ 15 „Díl 3 § 17 § 18 „§ 25 „§ 27 „§ 29a „HLAVA VIII § 36a § 36b „§ 37 § 38 „HLAVA X § 38a Čl. II Čl. III ČÁST DRUHÁ Čl. IV „§ 2a „§ 21a § 21b § 21c § 21d § 21e § 21f § 21g § 21h „ČÁST SEDMÁ Díl 1 § 24 § 25 § 26 § 26a Díl 2 § 27 § 27a § 27b § 27c Díl 3 § 28 § 28a § 28b § 29 § 30 § 31 § 32 § 33 „§ 35 § 36 „ČÁST DEVÁTÁ § 36a „§ 37 „§ 38 „§ 38a „§ 40a „§ 42 Čl. V Čl. VI ČÁST TŘETÍ Čl. VII „§ 1 „§ 20a „§ 21a „§ 23a „§ 60a § 60b § 60c § 60d „§ 64 „HLAVA VII Díl 1 § 73 § 74 § 75 § 75a Díl 2 § 76 § 76a § 76b Díl 3 § 77 § 78 § 78a § 79 § 80 § 81 § 82 § 83 „§ 89 „HLAVA IX § 89a „§ 91a „§ 92 „§ 94 Čl. VIII Čl. IX ČÁST ČTVRTÁ Čl. X ČÁST PÁTÁ Čl. XI ČÁST ŠESTÁ Čl. XII „§ 1 „§ 15c „§ 30c § 30d „§ 30l „§ 30n „§ 30r Čl. XIII Čl. XIV ČÁST SEDMÁ Čl. XV ČÁST OSMÁ Čl. XVI Čl. XVII ČÁST DEVÁTÁ Čl. XVIII ČÁST DESÁTÁ Čl. XIX „§ 1 „§ 8b § 8c Čl. XX ČÁST JEDENÁCTÁ Čl. XXI Čl. XXII ČÁST DVANÁCTÁ Čl. XXIII „§ 21b „§ 44 Čl. XXIV ČÁST TŘINÁCTÁ Čl. XXV ČÁST ČTRNÁCTÁ Čl. XXVI Čl. XXVII ČÁST PATNÁCTÁ Čl. XXVIII ČÁST ŠESTNÁCTÁ Čl. XXIX ČÁST SEDMNÁCTÁ Čl. XXX „§ 10 ČÁST DEVATENÁCTÁ Čl. XXXII ČÁST DVACÁTÁ Čl. XXXIII ČÁST DVACÁTÁ PRVNÍ Čl. XXXIV ČÁST DVACÁTÁ DRUHÁ Čl. XXXV „§ 5a ČÁST DVACÁTÁ ČTVRTÁ Čl. XXXVII ČÁST DVACÁTÁ ŠESTÁ Čl. XXXIX

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Regulation Information

CitationAct No. 189 / 2008 Coll., amending Act No. 18 / 2004 Coll., on the Recognition of Professional Qualifications and Other Eligibility of Nationals of Member States of the European Union and amending certain Acts (Act on the Recognition of Professional Qualifications), as amended, and other related laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation02.06.2008
Effective from01.07.2008
Effective until-
Status Valid
Legal Areas: Security Health and safety at work Taxes European law Finance Geodesia, Geology, Cartography Mining Economic (State) Information, Data, Data Culture International law International private law Civil law Civil law substantive Civil law of procedure Commercial law Fees Labour law Industrial rights Self-administration Education, Education, Education Contracts in commercial law Governance of the national economic sectors Administrative offences Administrative law Administrative procedure State (official) control Government Construction Telecommunications, Communications, Mail Constitutional (state) law General internal administration Fundamental human rights Health Agriculture Business Environment Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.

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