Act No. 52 / 2012 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 of Certain Members of other States and amending certain laws (Act on the Recognition of Professional Qualifications), as amended, and other related laws
Valid
Effective from 17.03.2012
52
THE LAW
of 25 January 2012
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 of Certain Members of other States 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:
Amendment of the Law on the Recognition of Professional Qualifications
Act No. 18 / 2004 Coll., 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 (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., Act No. 161 / 2006 Coll. and Act No. 189 / 2008 Coll., is amended as follows:
1. in § 1 (1), § 3 (1) (e) (5), § 4 (3), § 6 (3), § 8 (2), § 10 (3) (a), § 10 (4), § 11 (2), § 18 (1), § 28 (2) (b), (c), (g), (h), (k) and (l), § 29a (1) (b), § 30 (2) and (c) and (d), and in § 36b (3) (a), the words "European Communities" shall be replaced by ";
2. in Paragraph 1 (2) (d), the words "the European Community" shall be replaced by the words "the European Union";
3. in Article 1 (2), the following point (j) is inserted:
"(j) European Union Blue Card holders (20),
20) Article 14 (1) (d) and Article 14 (4) of Council Directive 2009 / 50 / EC of 25 May 2009 on the conditions for entry and residence of third-country nationals for the purpose of employment requiring high qualifications. Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended. '
4. In Article 22 (6), the first to third sentences are replaced by the words "The documents referred to in paragraph 3 (a) to (c) shall be presented in a copy. The recognition authority may require the presentation of the original of the document referred to in paragraph 3 (a) for inspection. Where the recognition authority has doubts as to the authenticity of the copies submitted, it shall, in the case of the documents referred to in paragraph 3 (b) and (c), require the presentation in the original or officially certified copy, unless it is possible to verify the authenticity of the copies by administrative cooperation. ';
5. In Paragraph 22 (8), the words "certified by the competent representative office of the Czech Republic and the Ministry of Foreign Affairs or by the competent authority of such a third State 'are replaced by the words" certified by the Ministry of Foreign Affairs of that third State or by the competent authority of that third State and subsequently by the competent representative office of the Czech Republic'.
6. In Article 26 (1), the first sentence is replaced by the sentence "A candidate to whom professional qualifications have been recognised under this law may carry out a regulated activity which is of the same or comparable content as that for which he has acquired professional qualifications in the Member State of origin."
7. In Article 28 (2), the words "; the information system for the recognition of professional qualifications shall also include separate records of persons temporarily or occasionally providing services in regulated activities under Title VIII 'shall be added at the end of the text in point (e).
8. in Paragraph 28 (2) (k), "transitional" is replaced by "occasional."
9. In Article 28 (3), the words "recognition of professional qualifications' and the words" for the general recognition system 'are inserted after the words "national coordinator'.
10. in Article 29 (2), the following points (c) and (d) are inserted after point (b):
"(c) keep a register in accordance with Article 36a (9) and provide data from that register to the Ministry through an information system for the recognition of professional qualifications [Paragraph 28 (2) (e)];
(d) issue, on request, an official copy, extract or certificate of registration or, where appropriate, a certificate of non-registration if the applicant certifies a legal interest, from the records referred to in Article 36a (9). "
Points (c) to (h) shall be renumbered as points (e) to (j).
11. in Paragraph 36a (1), "paragraphs 2 to 4 and 6" shall be replaced by "paragraphs 2 to 5 and 8";
12. in Paragraph 36a (4):
"(4) The applicant is obliged to notify the recognition authority in writing before carrying out a regulated activity on the territory of the Czech Republic. The notification shall include:
(a) the name and, where appropriate, the names of the tenderer, the date of birth and citizenship;
(b) the name of the regulated activity to be carried out and the indication of whether the activity in the Member State of origin is regulated or, where appropriate, the activity closest to it;
(c) an indication of the professional qualifications and, in the cases referred to in paragraph 2, the pursuit of the activity or regulated training concerned;
(d) details of the employer established in another Member State of the European Union, if the tenderer is posted to the territory of the Czech Republic in the framework of the provision of services by that employer, to the extent that:
1. the name, names and surnames, date of birth, Member State of establishment, address of the place of business where the employer is a natural person; or
2. the name, registered office and State of establishment, if the employer is a legal person. ';
13. In Article 36a, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The notice referred to in paragraph 4 shall be accompanied by:
(a) an identity card, a document certifying the nationality of the tenderer and, where appropriate, a document confirming the legal status referred to in § 1 (2); the provisions of § 22 (6), first and second sentences, and paragraph 7 shall apply mutatis mutandis;
(b) a document certifying that the tenderer is established in the Member State of origin and carries out the activity in question in accordance with its legislation and that he has not been withdrawn or temporarily suspended from his entitlement to pursue the activity in question in the Member State of origin; Paragraph 22 (7) shall apply mutatis mutandis,
(c) evidence of professional qualifications; Article 22 (4), (5), (6), first and third sentences, (7) and (8) shall apply mutatis mutandis;
(d) the document referred to in paragraph 2 if the activity in question is not regulated in the Member State of origin; Article 22 (4), (5), (6), first and third sentences, (7) and (8) shall apply mutatis mutandis;
(e) the document referred to in paragraph 3 if proof of liability insurance for damage caused in the performance of the regulated activity in the Czech Republic is required; Paragraph 22 (7) and (8) shall apply mutatis mutandis.
(6) The Ministry shall inform the Ministry of the fulfilment of the notification obligation in a way that allows remote access. '.
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
14. in Article 36a (7), the words "and 5" shall be inserted after the words "or paragraph 4";
15. in Paragraph 36a (8), "paragraph 4" is replaced by "paragraph 5."
16. In Paragraph 36a, the following paragraph 9 is added:
"(9) The recognition authority shall record the details of the tenderer and the facts notified to it in a separate register. Each notification shall be accompanied by a registration number, the date of notification, the date of receipt of the complete notification to the recognition authority and an indication of the validity of the notification. ';
Amendment of the Tax Advice Act and the Chamber of Tax Advisers of the Czech Republic
In Article 5 (4) of Act No. 523 / 1992 Coll., on Tax Advice and Chamber of Tax Advisers of the Czech Republic, as amended by Act No. 170 / 2004 Coll., Act No. 124 / 2008 Coll. and Act No. 189 / 2008 Coll., the words "documents or their officially certified copies or copies proving 'are replaced by" copies of documents proving'.
Amendment of the Auditor Act
In § 10 of Act No. 93 / 2009 Coll., on Auditors and on the amendment of certain laws (Act on Auditors), paragraph 5 reads as follows:
"(5) The notification referred to in paragraph 4 shall include, in addition to the particulars and documents referred to in the Law on the Recognition of Professional Qualifications, the following:
(a) the type of audit activity which the natural person intends to carry out;
(b) place of audit activity;
(c) the expected duration of the audit activity;
(d) the address for service of documents in the Czech Republic. "
EFFECTIVE
This Act shall take effect on the 30th day following its publication.
Germany
Klaus v. r.
Nausea v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 52 / 2012 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 of Certain Members of other States and amending certain Acts (Act on the Recognition of Professional Qualifications), as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.02.2012 |
|---|---|
| Effective from | 17.03.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0