Act No. 224 / 2003 Coll.
Act amending Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorised engineers and technicians active in construction, as amended, and Act No. 455 / 1991 Coll., on business (Trade Act), as amended
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Effective from 01.01.2004
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224
THE LAW
of 26 June 2003
amending Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorised engineers and technicians active in construction, as amended, and Act No. 455 / 1991 Coll., on business entrepreneurship (Trade Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the pursuit of the profession of authorized architects and the pursuit of the profession of authorised engineers and technicians active in construction
Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorised engineers and technicians active in construction, as amended by Act No. 164 / 1993 Coll. and Act No. 275 / 1994 Coll., is amended as follows:
1. In Paragraph 1, at the end of the dot, point (e) is replaced by the following:
"(e) the conditions for carrying out selected activities under construction in accordance with European Community law. 1)
1) Council Directive 85 / 384 / EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to enable the effective exercise of the right of establishment and the freedom to provide services. Directive 99 / 42 / EC of the European Parliament and of the Council of 7 June 1999 establishing a procedure for the recognition of training documents for professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general system for the recognition of training documents. '
footnote (1) shall be renumbered footnote (1a), including the footnote references.
2. In Article 2, at the end of paragraph 2, the sentence "Authorization is not a condition for carrying out such activities by the persons referred to in Part Six of this Act. 'is added.
3. In Paragraph 2, at the end of paragraph 5, the words "unless otherwise provided for by this law 'shall be added.
4. in Article 4 (2), point (c) shall be deleted;
Point (d) shall be renumbered (c).
5. In Article 4 (2) (c), the words "landscaping 'are replaced by the words" landscaping'.
6. In Paragraph 4 (3), "(d) 'is replaced by" (c)'.
7. in Article 5 (3) (c):
"(c) water management and landscape engineering,"
8. in Article 5 (3), the following points (j) and (k) are added:
"(j) fire safety of buildings,
(k) buildings for the performance of the forest function. ';
9. in Article 7 (1) (a):
"(a) is a citizen of the Czech Republic, or"
10. in Article 7 (1), the following point (b) is inserted after point (a):
"(b) is a national of a Member State of the European Union other than the Czech Republic (hereinafter referred to as" another Member State ") and"
Points (b) to (g) shall be renumbered (c) to (h).
11. in Article 7 (2), "(e)" is replaced by "(f)";
12. Paragraph 7 (6) reads:
"(6) A person who has been withdrawn from authorisation pursuant to Article 10 (2) (b) may apply for authorisation not earlier than three years after the date of the decision to withdraw authorisation."
13. in Paragraph 8 (2), including footnotes (3a) and (3b):
"(2) Training under Paragraph 7 (1) (e) shall be understood as:
(a) higher education (3a) obtained by studying in the field of architecture for authorisation under § 3 (a) in a Bachelor's study programme lasting at least four years or Master's degree programme;
(b) higher education (3a) obtained by study in the relevant fields of authorisation under § 3 (b) in a Bachelor's degree programme lasting at least four years or Master's degree programme;
(c) higher education (3a) obtained by study in the relevant fields of study for authorisation under § 3 (c) in the Bachelor's or Master's degree programme, or by secondary or higher vocational education. (3b)
3a) Paragraph 44 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education).
3b) Paragraph 7 (1) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 171 / 1990 Coll. '
14. in Article 8 (5), in the introductory part of the sentence, "(e)" is replaced by "(f)";
15. in § 8 (5) (a) to (c):
"(a) at least three years for authorizations in the fields referred to in Article 4 (2), if the candidate is a graduate of the Master's study programme, at least five years if the candidate is a graduate of the Bachelor's study programme or other related education,
(b) at least three years for authorizations in the fields referred to in Article 5 (1), if the candidate is a graduate of the Master's study programme, at least five years if the candidate is a graduate of the Bachelor's study programme or other related education;
(c) at least three years for authorizations in the fields referred to in Article 5 (2) if the applicant has the required university education in the Master's or Bachelor's course programme and at least five years if the applicant has the required secondary education. "
16. In the first sentence of Paragraph 8 (7), the words "the content of professional practice 'shall be inserted after the words" competence'.
17.
(1) The Chamber will enter the person who has been authorised into the list of authorized persons maintained by the Chamber and issue a certificate of authorization with a marked field, possibly specialization and stamp with a small national emblem of the Czech Republic. (c)
(2) The management of the list of authorised persons and the written documentation relating to authorised persons shall be governed by specific legislation. 3d)
3c) Act No. 352 / 2001 Coll., on the use of state symbols of the Czech Republic and on the amendment of certain laws.
3d) § 6 of Act No. 97 / 1974 Coll., on archiving, as amended. Decree No 117 / 1974 Coll., laying down the criteria for the assessment of documents as archives and details of the shredding procedure. '
18. in Paragraph 11 (1) (a), the word "intentional" shall be deleted;
19. in Paragraph 11 (2) (a), the word "intentional" shall be deleted;
20. In Article 12 (1), the words "and other professional activities' shall be inserted after the words" selected activities'.
21. Paragraph 12 (6) reads:
"(6) In order to ensure the proper performance of selected activities in the construction, exceeding the scope of the branch or specialisation for which the authorised person has been authorised, the authorised person shall be required to ensure the cooperation of the person with the authorization in the relevant field or specialisation. ';
22. In Article 13, paragraph 6 is added:
"(6) After the expiry, withdrawal or suspension of authorisation, the Chamber shall ensure that the documents referred to in paragraphs 3 and 4 are taken care of in accordance with specific legislation. 3d) '.
23. Paragraph 14 (1) reads:
"(1) Authorised persons carry out activities for which they have been authorised, such as:
(a) free architects or free engineers operating under this law;
(b) persons engaged in activities under the Trade Code;
(c) staff members in employment, service, Member State or other equivalent;
(d) members of a public company. "
24.
(1) Free architect or free engineer
(a) carry out project activities and provide related professional services independently, in its own name, under its own responsibility and for remuneration;
(b) may, at the same time, carry out only teaching, lecturing or publishing activities, but may not carry out activities or employment in which it would jeopardise its independence;
(c) be entitled to employ additional persons.
(2) The place of business of a free architect or a free engineer is the place of business included in the list kept by the Chamber. '
25. After Article 15, the following Sections 15a and 15b are inserted:
Association
(1) Where free architects or free engineers carry out their profession together, they shall adjust their relations by means of a written contract (hereinafter referred to as the association). The participants of the association may be exclusively free architects or free engineers. Participants in the association shall be required to pursue the profession under the common name.
(2) The association must have a common place of business.
Public commercial company established for the purpose of the occupation
(1) Where free architects or free engineers engage as members of a public company, only free architects or free engineers shall be members.
(2) Free architects or free engineers who are members of a company referred to in paragraph 1 shall pursue a profession on behalf of and on behalf of the company. "
26. in Paragraph 19 (a):
"(a) to draw up project documentation where the whole of its field of activity is concerned; in other cases and in the case of the field of land construction, draw up the relevant parts of the project documentation; ';
27. in Article 20 (1) (c), "five years" is replaced by "three years."
28. In the first sentence of Paragraph 21 (2), "two 'is replaced by" six' and "one year 'is replaced by" three years'.
29. In Article 21, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Unless otherwise provided for by this law or internal rules of the Chamber or otherwise by the nature of the case, the provisions of the administrative order shall apply in disciplinary proceedings.
(4) The authorised person against whom disciplinary action is brought has the right to comment on the grounds set out in the application, on the manner in which they are established, to propose evidence or to supplement them, to ask witnesses or experts questions at oral proceedings which must always be ordered. "
Paragraph 3 shall become paragraph 5.
30. in Paragraph 21 (5), the last sentence shall be deleted;
31. in Article 22 (3), the words "Final decision of the Board of Directors" shall be replaced by the words "Decision of appeal" and the words "Supreme Court of the Czech Republic" shall be replaced by the words "State and local jurisdiction in the administrative judiciary."
32. The following Section 22a is inserted after Section 22:
Disciplinary power relating to the free movement of persons under the law of the European Communities
(1) The Chamber shall forward to the competent authority of the host Member State all information on disciplinary measures or criminal penalties taken against an authorised or established person on grounds of serious or repeated infringement of obligations relating to the performance of its activities.
(2) If the competent authority of the host Member State has specific knowledge of a serious fact that occurred outside its territory prior to the establishment of the person concerned in that host State and informs the Chamber, the Chamber will examine the accuracy of the facts, in particular whether they can influence the performance of a selected or other professional activity in the construction in the Czech Republic. The Chamber shall decide on the nature and extent of the investigation to be carried out and shall inform the host Member State of the measures it takes within three months.
(3) The Chamber shall agree on the details of cooperation with the competent authorities of other Member States in the transmission of the information referred to in paragraphs 1 and 2, including the arrangements for ensuring the protection of the personal data transmitted, and shall subsequently adapt those details by internal regulation.
(4) If the Chamber suspends or withdraws authorisation [Article 20 (1) (c) and (d)] from an authorised person, or suspends or withdraws registration to an established person, it shall ensure temporary or permanent withdrawal of the certificate referred to in Article 23 (7) (c).
(5) Host Member State means another Member State of the European Union where an authorised, established or visiting person under this law carries out or intends to carry out the activities in question. ';
33.In Article 23 (6) (d):
"(d) keep lists of authorised persons and publish those lists, including their changes, in a way that allows remote access;"
34. in Article 23 (6), the following point (e) is inserted after point (d):
"(e) keep lists of persons registered in accordance with Article 30l (1) or Article 30n (2) and publish those lists, including their amendments, in a manner enabling remote access;";
Points (e) to (s) shall be renumbered as points (f) to (t).
35. In Article 23, the following paragraph 7 is added:
"(7) Furthermore, the Chamber is responsible for issuing the following documents to the persons concerned in order to enable them to move freely under the law of the European Community1)
(a) evidence of professional practice;
(b) a certificate of compliance with the conditions of integrity under this Law;
(c) a certificate that the person concerned carries out selected and other professional activities under construction consistently in accordance with Czech legislation;
(d) a certificate that the person concerned holds a formal qualification document which satisfies the requirements of points 1, 2, 3 or 5 of Annex 1 to this Law. ';
36. in Paragraph 25 (2):
"(2) The general meeting may be held in a valid resolution if an absolute majority of the full members are present; If an absolute majority of the full members are not present, the General Assembly may give valid resolutions if all the full members have been accompanied in writing by evidence at least 21 days before the date of the general meeting. ';
37.In Paragraph 25 (4) (a), the word "two" is replaced by the word "three."
38. In Paragraph 25, at the end of paragraph 4, the dot is replaced by a comma and the following point (i) is added:
"(i) approve the budget."
39. In the first sentence of Article 26 (1), the words "the highest executive 'are replaced by the words" statutory'.
40. In the first sentence of Article 26 (2), the word "Vice-President 'shall be replaced by the words" At least two Vice-Presidents', and at the end of paragraph 2, the sentence "The President shall be represented in full by the Vice-President appointed for his absence. '
41. in Article 27 (2), the word "Vice-President" shall be replaced by "Two Vice-Presidents" and the fourth sentence shall be replaced by the sentence "The Vice-President shall be represented in full by the Supervisory Board designated by the Vice-President during his absence."
42. In Article 27, the following paragraph 3 is added:
"(3) The Supervisory Board may decide to set up supervisory committees and delegate part of its powers to them. Their chairmen shall be elected by the Supervisory Board. '.
43. In Paragraph 29 (2) (b), the words "and the method of implementation" shall be inserted after the word "content."
44. In Paragraph 29 (3), the words "the environment of the Czech Republic 'are replaced by the words" for local development' and the words "the environment 'are replaced by the words" for local development'.
45. the following Part Six is inserted after Part Five, including footnote 9 (a):
PERFORMANCE OF THE ACTIVITIES OF THE CITIZENS OF THE EUROPEAN UNION
Basic provisions
(1) Selected activities under construction (hereinafter referred to as "Selected activities") may also be carried out in the Czech Republic by nationals of Member States of the European Union (hereinafter referred to as "Member State") who have acquired the necessary qualifications for Selected activities in another Member State.
(2) The persons referred to in paragraph 1 may carry out the selected activity in the Czech Republic as established architects, established engineers and established technicians operating under construction (hereinafter referred to as "established persons") or as visiting architects, visiting engineers and visiting technicians operating under construction (hereinafter referred to as "visiting persons").
(3) The established person shall be the person referred to in paragraph 1 who carries out a continuous selected activity in the territory of the Czech Republic or has an undertaking or organisational component in the territory of the Czech Republic.
(4) The visiting person shall be the person referred to in paragraph 1 who is established in the territory of another Member State and carries out the selected activity on a temporary or occasional basis.
Assessment of qualification assumptions
(1) In order to allow access to selected activities, diplomas, certificates and other evidence of formal qualifications as well as professional practice are recognised in the Czech Republic in accordance with the law of the European Community1). The recognition body shall be responsible for the Chamber under Article 30d (1) and (2), which shall assess the fulfilment of the qualification assumptions and carry out further actions related to this activity.
(2) Formal qualifications are knowledge and skills certified by diplomas, certificates and other documents obtained by the applicant in the framework of formalised training in preparation for the relevant profession and further training therein.
(3) The Ministry of Local Development will publish a communication in the Collection of Laws by which it will publish:
(a) a list of diplomas, certificates and other formal qualifications awarded on the territory of the European Union, as well as of the institutions and bodies which issue them, meeting the conditions laid down in point 1.6 of Annex 1 thereto;
(b) a list of diplomas, certificates and other formal qualifications awarded within the territory of the European Union, as well as the institutions and bodies which issue them, recognised on the basis of acquired rights under point 3.2 of Annex 1 to this law.
(4) The proof of insurance is a certificate issued by an insurance body in the Member State where it is stated that the insurer has complied with the requirements of the legislation in force in the Czech Republic concerning the conditions and scope of insurance.
Rights and obligations
(1) The activities of established persons or persons visiting the Czech Republic are governed by the legislation of the Czech Republic.
(2) The provisions of Sections 10 and 11 and of Parts Three and Four shall apply mutatis mutandis to settled persons and visiting persons.
(3) Visitors who are registered with the Chamber but are not members of the Chamber are obliged to comply with the provisions of the Professional and Ethical Regulations, the Disciplinary and Conciliation Regulations and the Competition Regulations applicable to the Chamber. The activities of established persons shall be governed by the internal rules of the relevant Chamber.
Recognition authority
(1) The Czech Chamber of Architects is a recognition body for assessing compliance with the qualification requirements for the performance of selected activities pursuant to § 4 (2). In order to assess whether the requirements for formal qualifications and professional experience for the activity referred to in Section 4 (2) (a) are met, Annex 1 shall proceed to this Act and for the activities referred to in Section 4 (2) (b) and (c) shall proceed to this Act in accordance with Annex 2.
(2) The Czech Chamber of Authorised Engineers and Engineers working in the construction sector is a recognition body for assessing compliance with the qualification requirements for the performance of selected activities pursuant to § 5 (3). In order to assess whether the requirements for formal qualifications and professional experience are met, Annex 2 to this Act shall proceed.
Scope of the recognition authority
(1) Upon assessment of the qualification assumptions, the recognition authority shall immediately enter the list of registered persons, but no later than three months after the date of submission of the complete application or full notification.
(2) Where the recognition authority has reasonable doubts as to the authenticity of the formal qualifications documents, the competent authority of the Member State in which the documents were issued shall request confirmation of their authenticity.
(3) The recognition authority shall inform the relevant Chamber in matters relating to the taking up and pursuit of the selected activity, in particular the legislation, the professional and ethical rules, the internal rules and the provision of education in the Czech language.
(4) The recognition authority shall establish by its internal rules the form of the application and the particulars of the documentation submitted (Sections 30i and 30o).
Academic titles
(1) The established persons or visiting persons shall be entitled to use the statutory academic title, or its abbreviation, granted by the Member State of origin or former residence, in the language of that State.
(2) If an academic degree used in another Member State can be confused in the Czech Republic with a degree which requires further training which the established or visiting persons have not received, the recognition authority shall designate another designation for that academic degree.
(3) Persons established or visiting who fulfil the conditions of formal qualifications and professional experience are entitled to use the professional title referred to in Article 13 (1).
Right to judicial protection
(1) An applicant who has demonstrated that the qualification requirements have been met and has not been entered in the list of registered persons by the recognition authority within the prescribed time limit (Paragraph 30e (1)) is entitled to bring an action before a court under a special law. 9a)
(2) An action may be brought before a court under a special law against a decision of the Chamber on refusal of entry in the list of registered persons (§ 30l (2)) and against a decision of the Chamber on the restriction of the right to pursue the selected activity in the Czech Republic (§ 30r (2)). 9a)
Person established
(1) On the territory of the Czech Republic, the established person may carry out the selected activity if, on request, he has been entered in the list of registered persons (Section 30l (1)) and has taken the oath in the hands of the Chairman of the Chamber.
(2) The text of the promise is: "I promise in my honour and conscience that, in the performance of my activities on the territory of the Czech Republic, I will strive to create quality architectural and building works, honor the interests of clients as well as public interests, respect natural and cultural values and always follow professional ethics."
(3) If the form of promise referred to in paragraph 2 cannot be used by nationals of other Member States, the recognition authority shall ensure that it is in an appropriate and equivalent form.
Application for registration
(1) The registrant shall indicate in the application:
(a) the selected activities which it intends to carry out continuously in the Czech Republic; and
(b) the address for service in the Czech Republic.
(2) The application referred to in paragraph 1 shall be accompanied by documents proving:
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Regulation Information
| Citation | Act No. 224 / 2003 Coll., amending Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as amended, and Act No. 455 / 1991 Coll., on business entrepreneurship (Trade Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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