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The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU The European Social Fund POS DRU 2007-2013 Structural Instruments 2007 - 2013 0 THE EUROPEAN SOCIAL FUND The Sectoral Operational Program Human Resources Development 2007 2013 Priority Axis 3 INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISESKey Area of Intervention 3.3 Development of partnerships and encouraging initiatives for social partners and civil society” Project title: The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: the Ministry of National Education Contract no.: POSDRU/93/3.3/S/53132 ETS-ANC: Prof.univ.dr.ing. Sirbu Alexandrina Date: June 29 th , 2013 CERTIFICATION AND RECOGNITION GUIDELINES FOR BAKER/ CONFECTIONER/ PASTRY MAKER Author: Prof.univ.dr.eng. Sirbu Alexandrina 2013

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Page 1: Baker confectioner pastry maker

The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY

AMPOSDRU

The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

0

THE EUROPEAN SOCIAL FUND

The Sectoral Operational Program Human Resources Development 2007 – 2013

Priority Axis 3 “INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES”

Key Area of Intervention 3.3 “Development of partnerships and encouraging initiatives for social

partners and civil society”

Project title: “The Network of Competent Authorities for Professional

Qualifications in Romania (IMI PQ NET Romania)”

Beneficiary: the Ministry of National Education

Contract no.: POSDRU/93/3.3/S/53132

ETS-ANC: Prof.univ.dr.ing. Sirbu Alexandrina

Date: June 29th, 2013

CERTIFICATION AND RECOGNITION

GUIDELINES FOR BAKER/ CONFECTIONER/

PASTRY MAKER

Author:

Prof.univ.dr.eng. Sirbu Alexandrina

2013

Page 2: Baker confectioner pastry maker

The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY

AMPOSDRU

The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

1

Table of Contents

Introduction 2

I. Regulation status for the professions of baker, pastry

maker and confectioner in Romania and in other

Member States of the European Union and of the

European Economic Area

4

II. Skills validation / certification procedures for the

bakers - pastry makers - confectioners in Romania

and in other Member States of the European Union

where the professions are being regulated

18

III. The recognition processes for the qualifications

achieved in other EU Member States

38

IV. The exercising of the baker, pastry maker and

confectioner professions in the European Union

48

Conclusions 52

Selective Bibliography 54

Page 3: Baker confectioner pastry maker

The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY

AMPOSDRU

The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

2

Introduction

The EU citizens have the right to free movement of people

within the European Economic Area for work, and the access to

exercise certain professions within the internal market is regulated.

In the European Union and in the European Economic Area certain

regulations apply to the recognition of the professional qualifications

for the exercising of the regulated professions for indefinite or

definite terms, for the provision of services, for the posting of works,

etc.1 Obviously, the access of a national to the labour market depends

on the type of the profession in relation to the particularities of the

national legislation.

Pursuant to the specific objectives of the project “The Network

of Competent Authorities for Professional Qualifications in

Romania” (IMI PQ NET)2, under which this Certification and

Recognition Guidelines for the professions / occupations of baker,

pastry maker and/or confectioner has been drawn up. The goal of

these Guidelines is as follows:

1 The IMI Regulation (EU) no. 1024/2012, the Directive regarding the professional

qualifications 2005/36/EC, Directive 2006/123/EC regarding the services, Decision

2009/739/EC regarding the administrative cooperation through the IMI for the Directive

regarding the services, Directive 96/71/EC regarding the posting of workers, Recommendation

2001/893/EC regarding SOLVIT (http://ec.europa.eu/internal_market/imi-

net/important_documents_ro.html) 2 http://www.imipqnet.ro/ro/despre-proiect/, accessed in June 2013

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The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY

AMPOSDRU

The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

3

The improvement of the transfer of information among the

social partners interested in the qualifications in the food

industry and the consolidation of the multi-sectoral

partnerships created through the IMI PQ NET project;

The support from the competent authorities in Romania, which

might be interested in the regulation of these professions in

Romania through information in relation to the practices used

in other states of the European Union / European Economic

Area;

The information of people who have achieved qualifications

in the food industry (industry and/or restoration) in Romania

and who want to practice that profession / occupation in any

of the European Member States shown in the Guidelines.

The selection of the baker, pastry maker and/or confectioner

jobs as a study object for the elaboration of these Guidelines is

justified by the mobility of the Romanian workers on the internal

market in the specific economic sectors, as well as by the profession

type.

The Guidelines have a standard structure and are done

according to the Methodology for the elaboration of certification and

recognition guidelines per professions, which is established as part of

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The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY

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The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

4

the project mentioned above. For the application of the guidelines

regarding the professions of baker – pastry maker – confectioner

research has been conducted through a documentary study (European

legislation, national regulations, occupations, etc.) for the professions

in question in each individual country, information has been

collected and processed from the economic sectors3 in Romania, and

the obtained results have been put to value through a study visit to

Germany.

The starting point was the comparative analysis conducted for

Romania and other eight Member States of the European Union

(Austria, the Czech Republic, Denmark, Germany, Italy, Great

Britain, the Netherlands and Spain)4, and also by analyzing the

regulation status for the professions in the other countries of the

European Union, of the European Economic Area and of the Swiss

Confederation. In this context, special attention has been paid during

the elaboration of the work to the certification and recognition of the

qualifications in the following countries: Romania, Austria, the

Czech Republic and Germany.

3 The food industry, restoration / hospitality industry 4 Established under the project “The Network of Competent Authorities for

Professional Qualifications in Romania” – IMI PQ NET

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The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY

AMPOSDRU

The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

5

I. Regulation status for the professions of baker, pastry

maker and confectioner in Romania and in other

Member States of the European Union and of the

European Economic Area

For an economic activity to be carried out on the internal market

under the conditions of the free movement of the European workers,

a national should be familiar with the conditions applicable to the

access for exercising a profession in a host country provided that

he/she has obtained the professional qualification in a different

(origin) member state.

The general information regarding the profession type –

regulated or non-regulated – the national legislation applicable for

the assurance of the access to the labour market, the conditions

applicable to the exercising of the profession in the host country etc.

could be obtained from the unique / national points of contact or by

directly contacting the competent authorities in the host country. The

list of the contact points is available on the webpage dedicated to the

professional qualifications in Europe at the following address:

http://ec.europa.eu/internal_market/qualifications/contactpoints/index.htm .

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Structural Instruments 2007 - 2013

6

We shall refer below to three jobs that are part of the same

occupational area in different countries i.e.: baker, pastry maker and

confectioner. The bakers, the pastry makers and the confectioners

prepare (produce) various types of bread and other bakery products,

flour products (including pastry making), products made of /

containing chocolate, cakes and other confectionery products.

In Romania, this group of occupations includes: bakers, pastry

makers, operators making frozen pastry and bakery products,

confectioners and also people making semi-finished products and

dishes.5 The same category of workers in other countries include:

bakers, pastry makers, baker-pastry makers, confectioners, baker-

confectioners or pastry maker-confectioners.

Table 1 shows the regulation status for the professions

corresponding to the baker, pastry maker and confectioner jobs in

other Member States of the European Union or of the European

Economic Area, together with the following data:

the name of the professions / occupations of baker, pastry

maker and confectioner (in the country of origin / database in the

information system of the internal market and in Romanian),

5 According to the Classification of Occupations in Romania (COR)

(http://www.mmuncii.ro/nou/index.php/ro/munca/c-o-r, last accessed on June 4th,

2013)

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The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY

AMPOSDRU

The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

7

the professional competent authorities corresponding to each

Member State where the professions mentioned above are being

regulated,

the recognition regime and the Qualification Level pursuant to

Directive 2005/36/EC regarding the recognition of the

professional qualifications.

In Romania there is no regulatory act applicable to these jobs.

Moreover, Law no. 200/ 2004 regarding the recognition of the

diplomas and of the professional qualifications for the professions

regulated in Romania lays down that the activities carried out by

self-employed working in the manufacturing industry (professing

and craft industries), including the food industry, are not subject to

this law. In conclusion, the baker/ pastry maker/ confectioner

professions are not regulated in Romania.

As we can see in Table 1, the baker, pastry maker and/or

confectioner jobs are part of the category of regulated professions in

the following countries: Austria, Belgium, the Czech Republic,

France, Germany, Iceland, Liechtenstein, Slovakia and Hungary.

In order to exercise a regulated profession in any of these

countries one should have his/her skills validated or certified for the

professional recognition of the qualification and for his/her access to

Page 9: Baker confectioner pastry maker

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AMPOSDRU

The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

8

the labour market. The recognition of the professional qualifications

obtained in EU Member States other than the host country complies

with the provisions laid down in Directive 2005/36 regarding the

recognition of the professional qualifications.

In countries such as Denmark, Italy, Great Britain, the

Netherlands and Spain the baker – pastry maker – confectioner jobs

are not regulated.

Page 10: Baker confectioner pastry maker

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The European Social Fund

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Structural Instruments 2007 - 2013

9

Table 1. Regulation status for the baker/ pastry maker/ confectioner professions / jobs in other Member

States of the European Union / the European Economic Area6

Name of

profession

Member

State

Competent Authority

Recognition

acc. to

Directive

2005/36/EC

(national

legislation)

Qualification

Level

acc. to Directive

2005/36/EC

Bäcker /

Baker

Austria The Federal Ministry for Economics, Family and Youth

Bundesministerium für Wirtschaft, Familie und Jugend

Stubenring 1, Abteilung I/3

1010 Wien

Phone: +43-1 71100

Fax: +43-1 7142718

Email: [email protected]

URL: www.bmwa.gv.at

The

recognition of

the

professional

experience /

Annex IV –

automatic

recognition

Not defined

6 Done based on the processed data in the internal market information system (http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm)

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Structural Instruments 2007 - 2013

10

Konditoren

(Zuckerbäcke

r)

einschließlic

h der

Lebzelter

und der

Kanditen-,

Gefrorenes-

und

Schokoladew

arenerzeuger

(verbundenes

Handwerk)/

Confectioner

Austria The Federal Ministry for Economics, Family and Youth

Bundesministerium für Wirtschaft, Familie und Jugend

Stubenring 1, Abteilung I/3

1010 Wien

Phone: +43-1 71100

Fax: +43-1 7142718

Email: [email protected]

URL: www.bmwa.gv.at

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

Not defined

Page 12: Baker confectioner pastry maker

The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY

AMPOSDRU

The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

11

Boulanger-

patissier /

Brood- en

banketbakker

/ Baker -

Confectioner

Belgium The FPS Economy, SMEs, Self-Employed and Energy

FOD Economie, Middenstand en Energie, Bestuur voor

het KMO-Beleid, Afdeling reglementering K.M.O.

WTC III, Simon Bolivarlaan 30 26e verdieping

1000 Brussel

+32 2 277 70 97/ Fax: +32 2 277 53 65

[email protected]

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

Not defined

Pekařství,

cukrářství/

Baker /

Pastry maker

/ Baker and

flour product

making

worker

The Czech

Republic

The Ministry of Industry and Trade

Ministerstvo průmyslu a obchodu Na Františku 32, Staré Město

110 15 Prague

Phone: +420 224 851 111

Fax: +420 224 811 089

Email: [email protected]

URL: www.mpo.cz

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

ATT-

Certificate of

competency

(acc. to art. 11a)

Page 13: Baker confectioner pastry maker

The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

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Structural Instruments 2007 - 2013

12

Boulanger-

patissier/

Baker-pastry

maker-

confectioner

France The list of the competent authorities is available on the

website at the following address:

212.43.237.181/cferm/annuaires/portail/index.html 1

Source: Regulated professions database, France

(http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=regprof&id_regprof=143

07&tab=ca), May 2013

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

SEC –

Certificate

confirming the

completion of a

secondary study

cycle (acc. to

art. 11b)

Bäcker /

Baker

Germany The Chambers of Handicrafts in the German States

Handwerkskammern in Deutschland

(addresses available at:

http://ec.europa.eu/internal_market/qualifications/regprof/ind

ex.cfm?action=view_document&id_document=172

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

DSE - Post-

secondary

education

diploma, incl.

Annex II (ex

92/51, Annex C,

D), art. 11c

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Structural Instruments 2007 - 2013

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Konditoren/

Confectioner

-Pastry

maker

Germany The Chambers of Handicrafts in the German States

Handwerkskammern in Deutschland

(addresses available at:

http://ec.europa.eu/internal_market/qualifications/regprof/ind

ex.cfm?action=view_document&id_document=172

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

DSE - Post-

secondary

education

diploma, incl.

Annex II (ex

92/51, Annex C,

D), art. 11c

Bakaraiðn /

Baking /

Baker

Iceland The Ministry of Industry

Ministries of Industry

Arnarhváli

150 Reykjavik

Email: [email protected]

URL: www.idnadarraduneyti.is

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

Not defined

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FAMILY, SOCIAL PROTECTION AND ELDERLY

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The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

14

Bäcker-

Konditor /

Baker and

pastry cook /

Baker and

pastry maker

Liechtenstein The Office of National Economy

Amt für Volkswirtschaft

Gerberweg 5

9490 Vaduz

Phone: +423 236 68 71

Fax: +423 236 68 89

Email: [email protected]

URL: www.llv.li/amstsstellen/llv-avw-home.htm

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

Not defined

Konditor-

Confiseur /

Confectioner

and pastry

cook /

Pastry maker

-confectioner

Liechtenstein The Office of National Economy

Amt für Volkswirtschaft

Gerberweg 5

9490 Vaduz

Phone: +423 236 68 71

Fax: +423 236 68 89

Email: [email protected]

URL: www.llv.li/amstsstellen/llv-avw-home.htm

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

Not defined

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The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

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The European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

15

Výroba

pekárenských

a

cukrárenskýc

h výrobkov /

Baker- pastry

maker

Slovakia The Ministry of Education of the Slovak Republic

The Ministry of Education, Centre for Recognition of

Evidence of Education

Ministerstvo školstva SR, Stredisko na uznávanie

dokladov o vzdelaní

Stromová 1

813 30 Bratislava 1

Phone: +421 2 654 26521

Fax: +421 2 654 26521

Email: [email protected]

URL: www.minedu.sk

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

Not defined

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Cukrász /

Confectioner

/

Confectioner

Hungary The Educational Authority, Hungarian Equivalence and

Information Centre

Oktatási Hivatal, Magyar Ekvivalencia és, Információs

Központ Szalay utca 10-14.

1055 Budapest

Phone: +36 1 374 2201

Fax: +36 1 374 2492

Email: [email protected]

URL: www.professionalrecognition.gov.hu

The

recognition of

the

professional

experience /

Annex IV -

automatic

recognition

Not defined

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Regarding the legal framework setting out the conditions for

the recognition of the qualification and for the exercising of the

regulated professions, the national regulations in the Member States

have been harmonized with the provisions laid down in Directive

2005/36/EC regarding the recognition of the professional

qualifications, by the proper amending and completion of the

national legislative documents. Table 2 shows the general

information on the legislative framework in the Member States of the

European Union or of the European Economic Area, where the

proper professions for the exercising of the baker/ pastry maker/

confectioner jobs are being regulated.

Table 2. The legislative framework regarding the organization and

the exercising of the baker/ pastry maker/ confectioner jobs in the

European states where the respective professions are being regulated

Member State Specific National Legislation Austria Trade Act 1994 Belgium The royal decree dated January 14

th, 1993 for

the establishment of the conditions applicable

to the exercising of the professional activity

of baker-confectioner in SMEs, in trade and

crafts. The Czech

Republic Law no. 455/1991 for the issue of licenses

and trade (Sections 6, 7, 8, 21, and 22), with

current amendments France 1. Law no. 96-603 dated July 5

th, 1996

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Member State Specific National Legislation regarding the development and promotion of

trade and crafts 2. Decree no. 98-246 dated April 2

nd, 1998

regarding the professional qualifications

necessary for the carrying out of the activities

laid down in Article 16 in Law no. 96-603

dated July 5th, 1996 regarding the

development and promotion of trade and

crafts. Germany Law no. 30 Annex A regarding the Crafts

Code Iceland The Industrial Act 42/ 1978 and the

Regulation no. 940/1999 regarding the

regulated industrial professions Liechtenstein not given Hungary Decree no. 5/1997. IKIM regarding the

qualifications necessary for certain industrial,

commercial and tourism activities

As in several EU Member States the professions for the baker –

pastry maker – confectioner jobs are not being regulated, the actual

mobility of workers is difficult to be made in real time. Most of the

times, the labour demand in a given Member State is being

quantified.

Regarding certain employers’ associations in the field, the

number of workers in the sector is estimated, without clear records

on their citizenship or country of origin. However, the database in

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the internal market information system includes statistics7 regarding

the geographical mobility of the workers for the exercising of the

regulated professions in the field.

Pursuant to the statistics in the Internal Market Information

System (IMI), the most attractive host countries in the European

Union (i.e. they have received the highest number of residency

applications) for the baker - pastry maker jobs have been Belgium

(48%), Germany (34%) and France (6%). If we take into account the

nationals’ countries of origin8, the first positions are occupied by

France (29%), Italy (18%) and the Netherlands (13%) regarding the

number of applications for the recognition of the qualification in

order to settle down in that country. The craftsmen have also asked

for the recognition of their qualification for the exercising of the

baker and/or pastry maker regulated professions in countries such as:

Poland (10%), Bulgaria (9%), Germany (6%), Belgium (4%), Greece

(3%), Romania (3%) etc.9

7 Regarding the number of applications / decisions made for the recognition of the

professional qualifications 8 The place where they obtained the qualification 9http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=profession&id_pr

ofession=12142&tab=origin1 , accessed in May 2013

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II. Skills validation / certification procedures for the

bakers - pastry makers - confectioners in Romania and

in other Member States of the European Union where

the professions are being regulated

The professional skill certification process is performed in

compliance with certain basic principles such as:

the skill certification is an optional process, not a mandatory

one. There are institutional policies asking for the

certification of its members’ skills as a requirement for them

to be part of the organization;

the entire professional skill is being certified;

the assessment of the professional skills may be done by the

same organization that has certified the skills or by another

organization;

The professional skill certification is a process separated

from the professional training but the training centres may

facilitate the professional skill certification process through

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partnerships and agreements with the skill certification

organizations.

For the practical professional skill certification, procedures

establishing the concrete ways for the certification process to be

carried out are being applied so that the provided standard

requirements are being met (in acts, legislation etc.).

As far as the exercising of the regulated professions is

concerned, the skill certification and the baker / pastry maker/

confectioner qualification recognition are mandatory processes in

Austria, the Czech Republic and Germany. Whereas the bakers,

pastry makers and confectioners have professional duties with

significant social and economic effects as far as food safety, public

health and consumer protection are concerned, most of the European

countries ask the workers in the relevant fields to prove their

professional qualification, which means that the nationals have to

have qualifications certified by a Certificate of competency, a

qualification title and/or professional experience.

As seen in Table 1, the levels of qualification and the

description of the qualifications vary significantly among the

countries. In order to describe the results of learning in terms of

knowledge, skills and competences, a multilingual classification is

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now being elaborated throughout the European Union for European

skills, qualifications and occupations (ESCO - European

Skills/Competences, qualifications and Occupations), which

organizes relevant concepts on the European labour market and in

the education / training fields. The starting point for the ESCO

development is the EURES classification, which is now being used

on the European mobility portal for labour employment - EURES10

.

The ESCO classification of European skills, qualifications and

occupations shall provide a joint terminology to be used for a better

implementation of the currently used tools, i.e. the European

Qualifications Framework (CEC/ EQF), the national qualification

frameworks (CNC), as well as the European systems for gathering

and transferring of credits in the higher education (ECTS) and the

occupational education and training (ECVET). Moreover, the ESCO

classification wants to support the new tools for the validation of the

non-formal and informal education, which are not being introduced

throughout Europe. Regarding the identification and description of

the skills, qualifications and occupations for the bakers, pastry

makers or confectioners in Europe, they are part of the ESCO

10 EURES provides information on the and education offers in Europe

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classification under the category of “Manufacturing of food,

beverages and tobacco” (ESCO).

Figure 1 shows the relation between the labour market and the

training offer.

Figure 1. Relation between the labour market and the training offer

1. The skill formation, validation and certification for the

certification of the baker / pastry maker / confectioner

qualifications in Romania

In Romania, as well as in other Member States of the European

Union where certain professions are not being regulated, the

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professional skill validation or certification and the certification of

the qualification and professional experience may be requested.

The baker – pastry maker - confectioner qualifications in

Romania are consistent with Levels 1 and/or 2 according to the

National Qualification Framework (CNC, 2005) (see table 3).

Table 3. Qualification Level consistent with the baker/ pastry maker/

confectioner qualifications in Romania11

No. Qualification Name Qualification

Level

1. Baker 1

2. Pastry maker 1

3. Confectioner 1

4. Pretzel maker 1

5. Milling – bakery worker 1

6. Baker– pastry maker - flour product

maker 2

7. Confectioner - pastry maker 2

The Qualification Level 3 (according to the National

Qualification Framework) is consistent with the qualification as a

bakery technician – flour products manufacturing, which is obtained

11 Source:

http://www.mmuncii.ro/pub/imagemanager/images/file/NCalificari/NomCalificari_

Tabel5.pdf , accessed in May 2013

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after graduating from the specialized high school (the technological

section).

The peoples’ training in view of obtaining the qualifications of

baker – pastry maker – confectioner consists in a training program in

the relevant field, the duration and the way of occupational training

and the contents of the training courses being adapted to the

qualification level. (see table 4).

Table 4. Access conditions and training program for the baker/ pastry

maker/ confectioner qualifications in Romania

Qualification

Name General Access

Conditions Training

Program Baker Studies of at least 8

grades, minimum

specific skills and

competences in the

field, health certificate

Class training 120

hours Hand-on training

240 hours Overall training

duration = 360

hours

Pastry maker

Confectioner

Pretzel maker

Baker– pastry

maker – flour

product maker

Studies of at least 10

grades, minimum

specific skills and

competences in the

field, health certificate

Class training 240

hours Hand-on training

480 hours Overall training

duration = 720

hours

Confectioner -

pastry maker

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There occupational standards corresponding to the baker –

pastry maker – confectioner professional qualifications, standards

that are classified into fields and subfields, as shown in Table 5.

Table 5. Occupational standards for the baker/ pastry maker/

confectioner generic qualifications in Romania

Occupational

Standards

Fields Subfields / qualification Food, beverage and

tobacco industry 2. Confections

preparation operator 5. Baker 18. Frozen pastry and

bakery products operator 9. Flour products operator 22. Pastry maker

Tourism, hotels,

restaurants 5. Confectioner - pastry

maker 32. Pizza maker

Usually for these jobs, the training, assessment and certification

of the professional skills are done outside the national education

system, the professional qualification being the result:

a) of the continuous training organized by enterprises / training

centres within the ministries, before December 1989 – qualification

certificates used to be issued;

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b) of the graduation of training programs organized by the

employment and social protection departments / the employment

agencies in Bucharest or counties, between 1990 – December 2003;

c) of the graduation of training programs organized by

authorized training service providers, starting with January 2004 –

qualification / graduation certificates are being issued;

d) of the assessment of the professional skills achieved in ways

other than the formal ones, a process organized by skill assessment

centres – professional skill certificates are being issued.

The people who may ask for the assessment of the professional

qualification for the certification / confirmation of the baker – pastry

maker – confectioner skills in Romania are the Romanian citizens or

the citizens in other Member States of the European Union or of the

European Economic Area, who:

have training and professional experience achieved in

Romania outside the national education system,

hold a foreign / abroad recognized pre-university education

certificate / study documents issued by a pre-university education

unit operating in or recognized by Romania – for non-regulated

professions;

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want to carry out professional activities in the economic

sectors in the field, as self-employed or as employees, in Romania

or in a EU Member State.

The legal framework for the certification of the professional

qualifications regarding the said occupational field includes the

following acts:

1. Order no. 51/2007 issued by the Minister of Labour, Social

Solidarity and Family for the approval of the Procedure for

qualification attestation – training and professional experience

– achieved in Romania, outside the national education system,

by the Romanian citizens who want to carry out their activity

as self-employed or as employees in a EU Member State;

2. Order no. 701/2003 issued by the Minister of Labour, Social

Solidarity and Family for the appointment of the unit that

automatically recognizes the documents proving the

qualification achieved abroad, outside the education system,

by the Romanian citizens or by citizens of the EU Member

State or of the states in the European Economic Area;

3. Order no. 3199 / 2012 issued by the Minister of Education,

Research, Youth and Sport for the approval of the

Methodology regarding the issue – for the professions not

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regulated in Romania – of the certificate of study conformity

with the provisions laid down in Directive 2005/36/EC of the

European Parliament and of the Council, dated September 7th,

2005 regarding the recognition of the professional

qualifications;

4. Order no. 3075 / 2008 issued by the Minister of Education,

Research and Youth regarding the approval of the procedure

for the professional recognition of the professions not

regulated in Romania.

The competent authority for the attestation / recognition of the

baker/ pastry maker/ confectioner professional qualifications

achieved outside the national education system in Romania is the

Ministry of Labour, Family, Social Protection and Elderly (the

former Ministry of Labour, Social Solidarity and Family). The

procedure for the attestation of the professional qualification

achieved in Romania, outside the national education system, by the

Romanian citizens who want to carry out their activity as self-

employed or as employees in an EU Member State consists in the

same stages as the certification of the regulated professions. The file

compiled by the applicants is submitted at the county / Bucharest

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employment divisions and the documentation shall include the

following:

a) the standard application requesting the issue of the certificate;

b) the ID Card (copy and original);

c) the document confirming the achieved qualification (the

qualification / graduation certificate, the certificate issued for

workers promoted at their workplace, the professional skills

certificate, etc.) (copy and original);

d) the resume,

e) at least one letter of recommendation from the employer / people

who are relevant for the obtaining of the requested attestation.

The applications are usually solved within 30 days since their

registration date. If the application is rejected, the decision not to

issue the certificate is communicated and justified in writing.

The certificates are issued by the county or Bucharest

employment divisions. The certificates are special documents

bearing unique series and numbers.

The Ministry of Labour, Family, Social Protection and Elderly

– the Employment Division (the former Ministry of Labour, Social

Solidarity and Family) is the competent authority for the issue of the

certificates for automatic recognition of the professional qualification

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achieved abroad, outside the education system, by the Romanian

citizens or by the citizens of the EU Member States / the European

Economic Area12

, who want to carry out economic activities in

Romania. The procedure for the issue of this certificate is similar –

as an algorithm – to the procedure for the regulated profession

certification. The aplicant has to submit a file with the Registration

Office of the Ministry of Labour, Family, Social Protection and

Elderly and the said file has to include the following documents:

a) an application in Romanian (including the applicant’s contact

details);

b) a copy of his/her ID Card;

c) a copy of his/her birth certificate, translated into Romanian and

legalized;

d) the document confirming the qualification achieved abroad (in

original and one copy translated into Romanian and legalized);

e) the proof of the recognition of the applicant’s qualification

document, issued by the competent authority in a Member State of

12 Order no. 701/2003 issued by the Minister of Labour, Social Solidarity and

Family for the appointment of the unit that should automatically recognize the

documents proving the qualification achieved abroad, outside the education system,

by Romanian citizens or by citizens of other Member States in the European Union

and of the states belonging to the European Economic Area

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the European Union or of the European Economic Area (in original

and one copy translated into Romanian and legalized);

The said application has to be solved within 30 days since the

date of its registration if the file is complete and if the analysis of the

file indicates no irregularities regarding the filed documents. The

rejection of the application and the reasons for such a decision shall

be communicated in writing within the said term and the decision not

to issue the certificate may be legally challenged at the relevant

court.

The qualification recognition certificate issued by the Ministry

Division shall be recorded in a register. The qualification recognition

certificates shall be issued for the professions / occupations in the

following categories of activity where a baker / pastry maker /

confectioner may be allowed to work:

bread baking, fresh pastry baking;

baking of biscuits, biscotti and other similar products;

making cacao, chocolate and sugary products.

The citizens of other Member States of the European Union or

of the European Economic Area, who have studied in Romania, may

ask for the issue of a certificate of conformity for them to exercise a

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profession that is not regulated in Romania, but that is regulated in

another Member State.

The National Centre for Recognition and Equivalence of

Diplomas (CNRED) is the competent authority in Romania

with duties in the recognition of diplomas and certificates (in

the education system) for occupational purposes for the

applicants to have access to the labour market for the non-

regulated professions.

Therefore, the National Centre for Recognition and

Equivalence of Diplomas (CNRED) certifies the studies graduated in

the formal education system and the professional rights conferred to

the diploma holders in view of the issue of a study conformity

certificate13

for the Romanian citizens and for the citizens of the

Member States of the European Union or of the European Economic

Area, who have studied in Romania and who want to exercise a

profession that is not regulated in Romania, but that is regulated in

13 Order no. 3199 / 2012 issued by the Ministry of Education, Research, Youth and

Sport for the approval of the Methodology regarding the issue – for the professions

that are not regulated in Romania – of the certificate of conformity of the studies

with the provisions laid down in Directive 2005/36/EC of the European Parliament

and of the Council dated September 7th, 2005 regarding the recognition of the

professional qualifications

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other European states. The following documents shall be filed for the

issue of the certificate of conformity:

the application form – filled out;

a legalized copy of the study document for which the issue of

the certificate of conformity is being requested (diploma,

certificate / Certificate of competency etc.);

the study document authenticity certificate issued by the issuing

education unit;

a legalized copy of the appendix to the study documents

(official transcript);

a copy of the previous diploma or official transcript if the

certificate of conformity is to be issued for the complementary,

apprenticeship or vocational school education certificate;

a copy of the personal identification documents (if applicable);

a copy of the payment receipt (RON 20 / for the file

assessment).

The National Centre for Recognition and Equivalence of

Diplomas (CNRED) is also the competent authority for the

professional recognition of the professions not regulated in

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Romania14

, which apply to the Romanian citizens who have studied

abroad and who have achieved their professional experience in the

EU Member States through the accredited education system. The

documents needed for the recognition of the education are as

follows: the standard application; a copy of the study document to be

recognized (including legalized translations); a legalized copy of the

school documents referring to the studies done before leaving the

country; the recognition application issued by the employer; a

document confirming the professional experience; a copy / legalized

translation of the personal identification documents (if applicable).

The analysis of the professional recognition file and of the

school documents is meant to identify whether or not the studies

done by the professionally mobile applicant are compatible with the

professional qualifications in Romania, according to the criteria laid

down in the procedure14

(if they are not, compensations shall apply

or the application shall be rejected). The recognition procedure takes

place within 15 days since the date when the complete file is

submitted.

14

The Order no. 3075 / 2008 issued by the Ministry of Education, Research and

Youth regarding the approval of the procedure for professional recognition of the

professions not regulated in Romania

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2. The professional skill certification or validation for the baker /

pastry maker / confectioner qualifications in other EU Member

States where the professions are being regulated (Austria, the

Czech Republic, Germany)

The professional skill certification is necessary for the

recognition of the professional baker – pastry maker – confectioner

professional qualifications in the EU countries where these

professions are being regulated, i.e.: Austria, the Czech Republic and

Germany. The professional skill validation / certification procedure

for the professions regulated in the EU Member States consists in the

following stages:

1. A person (commission) has to be appointed on behalf of the

competent authority with duties in the validation / certification of the

applicants’ skills;

2. The aplicant has to write an application / letter and to submit it

with the competent authority together with a file. The file has to

include the documents necessary for the professional skills validation

or certification; the type, contents and form of the documents has to

comply with the requirements of the competent authority in that

country;

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3. Tehj appointed people (commission) have / has to analyze the filed

documents (they have to verify the file, to ask for completion (if

applicable), to assess the recorded evidence, etc.);

4. The attestation / validation decision has to be made based on the

existing competency evidence;

5. The certificate of competency – if the certification is approved –

has to be issued and recorded in a register.

6. If the application is rejected, an objection may be filed;

7. The objection is analyzed and the final result is communicated;

8. Compensations or specific training requirements shall be applied

for the final decision to be issued for the professional skills

validation / certification.

Figure 2 shows the logical diagram consistent with the standard

professional skills validation and certification procedure for the

qualification recognition for the regulated professions.

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Figure 2. Brief representation of the validation – certification

process, applicable to the baker / pastry maker / confectioner

regulated professions

The competent authority appointed for the professional skill

certification in the host country shall compare the training achieved

by the aplicant (in his/her country of origin or in another EU Member

State) with the training required in the host country. The education

results achieved shall be analyzed by comparing them to the

necessary professional skills (see also figure 1). If significant

differences are identified, the recognition decision may be

conditioned by additional requirements such as: the aplicant has to

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prove his/her professional experience (at least 2-3 years over the last

10 years), he/she has to do a professional practice module, he/she has

to take the practical test / skills test.

The qualification level the baker – pastry maker – confectioner

professional skills is associated with in the Member States where the

respective professions are being regulated is usually lower than

Level 3 in the Qualification European Framework, which means that

the activity carried out by bakers / pastry makers / confectioners

involves the application of knowledge and professional skills and is

characterized either by routine and predictable duties, or by duties

requiring responsibility and team work. The exception to this rule

includes the regulated professions in Germany, where the bakers or

the confectioners – pastry makers with the achieved professional

experience may also achieve assimilated skills consistent with the

Qualification Level 3.

Pursuant to the provisions laid down in Directive 2005/36/EC

of the European Parliament and of the Council dated September 7th,

2005 regarding the recognition of the professional qualifications, the

requirements applicable to the professional experience recognition

for the activities in the following categories (Group 20B – Food

Industries (except for the beverage industry) are being established:

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making bakery products, including crackers and biscuits,

making cacao, chocolate and sugar products,

making various food products.

For the recognition of the professional experience (achieved

prior to the application date) in the EU Member States where the

respective professions are being regulated, the activity carried out by

the bakers / pastry makers / confectioners must have occurred:

(a) either over a consecutive 5-year period, self-employed over the

last 10 years (prior to the file submission date);

(b) or over a consecutive 3-year period, self-employed, if the aplicant

proves to having attended a previous training module of at least three

years (certified / attested);

(c) or over a consecutive 4-year period, self-employed, if the aplicant

proves to having attended a previous training module of at least two

years (proven by a recognized certificate);

(d) or over a consecutive 3-year period, self-employed, if the aplicant

proves to having exercised the activity as an employee for at least 5

years over the last 10 years (prior to the file submission date);

(e) or over a consecutive 5-year period, as an employee, if the

aplicant proves to having attended a previous training module of at

least three years (proven by a recognized certificate);

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(f) or over a consecutive 6-year period, as an employee, if the

aplicant proves to having attended a previous training module of at

least two years (proven by a recognized certificate).

III. The recognition processes for the qualifications

achieved in other EU Member States

The recognition process for the professional qualifications is

mandatory for a national to exercise his/her profession as a baker –

pastry maker – confectioner in the EU Member States where the said

professions are being regulated. The recognition processes for the

baker – pastry maker – confectioner professional qualifications in

Austria, the Czech Republic and Germany follow a common

procedure which is briefly shown in Figure 3.

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Figure 3. The brief representation of the common procedure for the

recognition of the baker / pastry maker / confectioner professional

qualifications for the exercising of the regulated professions in

Austria, the Czech Republic and Germany

As shown in Figure 3 too, the sub-process map (with reference

to the recognition process for the professional qualifications) is the

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same for the analyzed countries. The differences between the

Member States are as follows:

The access conditions – they are established according to

the recognition / certification / attestation regulatory

documents in the host countries, the national legislations

being harmonized with the provisions laid down in Directive

2005/36/EC regarding the recognition of the professional

qualifications; moreover, the legal national framework

regarding the profession exercising conditions in the

national economy sector, the access to the labour market in

that country etc. shall apply;

The documents necessary for the preparation of the

application file (there may be particularities both in the form

and in the contents);

The actual assessment (the analysis of the documents and

the equivalence of the competencies) in relation to the

applicable national laws.

Chapter I includes references to the competent authorities (see

Table 1) and the national points of contact in Austria, the Czech

Republic and Germany, the migrants may turn to both for

information purposes and for submitting their documentation. If the

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qualification recognition application file is to be forwarded

(electronically / online or by mail) to the national / unique point of

contact, its representatives shall send it as soon as possible to the

competent professional authority in charge with the processing of the

application (the verification and analysis of the file contents) so that

the decision on the recognition of the qualification could be made.

Both in Austria, and in the Czech Republic and in Germany, the

recognition of the baker / pastry maker / confectioner professional

qualifications is subject to the system for the recognition of the

qualifications achieved through professional experience (see also

Chapter II).

Certain fees are sometimes charged for the recognition

procedure.

The recognition application is usually to be solved within three

months since the submission of the complete file. The competent

authorities in the (host) Member States has to justify their decisions

(regarding the recognition of the professional qualifications) which

are not positive. Moreover, a rejection or delayed decision has to be

subject to the appeals laid down in the domestic laws.

On the other hand, a more easy way to solve the issues referring

to the recognition of the professional qualifications or the skill

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certification is the SOLVIT15

network, through which the EU

Member States cooperate in order to solve – using turning to the

legal procedures – the problems arising due to the inappropriate

application of the legislation regarding the internal market by the

public authorities. SOLVIT deals with the cross-border problems

between an enterprise or a citizen (on one hand) and a public

authority (on the other hand) where there might be a case when the

community legislation was applied incorrectly.

The SOLVIT national centres in the EU Member States may be

accessed on the website at the address:

http://ec.europa.eu/solvit/site/centres/index_en.htm.

You may find below some of the particularities pertaining to

the baker / pastry maker / confectioner qualification recognition

procedures in Austria, the Czech Republic and Germany.

1. The exercising of the baker and confectioner occupations in

Austria is based on the Trade Act in 1994. The file compiled for the

qualification recognition in view of exercising the regulated baker

and confectioner professions in Austria has to include the

confirmations issued by the authority in the country of origin

regarding the applicant's documents. All of the justifying documents

15

http://ec.europa.eu/solvit/site

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have to be drawn up in German or they have to be translated and

legalized.

In Austria the system for automatic recognition of the

qualifications achieved through professional experience is being used

according to Directive 2005/36/EC regarding the recognition of the

professional qualifications (see also Chapter II). Moreover, there are

several training programs attended in Germany or Hungary, which

have been declared as equivalent in Austria, based on special training

agreements.

The recognition process lasts between 2 and 6 months. Fees for

the recognition procedure are being charged.

It is deemed that the positive decision for the qualification

recognition through the procedure mentioned above replaces the

Austrian diploma / qualification certificate allowing the access to the

labour market by granting the right to exercise the relevant

profession.

2. In the Czech Republic, the recognition of the baker and

pastry maker / flour product maker qualifications involves education

and training requirements pursuant to the national legislation, i.e.:

Act no. 455/1991 Coll.; Trade Licensing Act, with current

amendments; Act no. 179/2006 Coll. regarding the recognition of the

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results of further education. For this purpose, the access conditions

for the qualification recognition are focused on the fulfilment of any

of the following requirements16

:

1) the aplicant has to hold a secondary education graduation

document, with an apprenticeship certificate;

2) the aplicant has to hold a secondary education completion

document, followed by an examination / training program;

3) the aplicant has to hold a higher occupational education

completion document;

4) the recognition of the professional qualifications, issued under the

law by a competent authority.

Besides the personal details and the professional qualification

and experience proofs, the application file shall also include a

certificate indicating the applicant’s physical or mental health.

The recognition of the professional qualifications is done based

on the study and professional reorientation programs for the relevant

working activity, pursuant to the specific legislation. Moreover, the

professional experience of at least one year in the field has to be

proven, maybe even accompanied by a document confirming the

professional reputation. The system for automatic recognition of the

16 In the relevant field for obtaining the qualification (bakery and/or flour product

making)

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qualifications achieved through professional experience usually

applies in the Czech Republic.

3. The Recognition Act was only adopted in Germany in 2012

for the improvement of the process for assessment and recognition of

the professional qualifications achieved abroad; it combined a federal

act called the Law on the establishment of equivalence of

professional qualifications (Gesetz über die Feststellung der

Gleichwertigkeit von Berufsqualifikationen;

Berufsqualifikationsfeststellungsgesetz - BQFG), with the

amendments made to the existing legislation and to the professional

regulations (for the respective fields). In the case of the baker and

confectioner–pastry maker qualifications, the Law on the regulation

of crafts in 1953 (Gesetz zur Ordnung des Handwerks -

Handwerksordnung) applies; it is completed by the Crafts Code

dated September 24th, 1998, with the last amendments made through

Article 2 in the Law dated December 5th, 2012 (the Federal Official

Gazette I p. 2415), Moreover, Germany has also concluded several

bilateral agreements for the recognition of the professional

qualifications with certain partner states, such as Austria and

Hungary.

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Germany does not have a central body in charge with all the

applicants regarding the recognition of the professional qualifications

achieved in other EU Member States. The Chambers of Handicrafts

in the German states are in charge with the recognition procedure.

The applications coming from abroad may be forwarded directly to

the responsible authority or to the Central Office for Foreign

Education (ZAB), who shall forward the applications to the

responsible authorities. The documents that have to be submitted

together with the application for the recognition of the baker and

confectioner–pastry maker professional qualifications are as follows:

The identification document (ID Card / passport - copy);

The table including the training / schooling, as well as any job

remunerated up to the time when the recognition is requested (in

German);

The evidence indicating the professional

qualifications achieved abroad;

The evidence indicating the relevant professional experience;

Other certificates of competency (such as the continuous

training) ;

The statement confirming that by the application date no other

application was submitted for equivalence purposes.

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The responsible authority may ask for copies of the original

certificates or documents. In certain cases, the authority may accept

plain copies of the documents. The documents have to be translated

into German by public interpreters appointed and authorized /

translators in Germany or abroad.

In Germany, the professional qualification recognition system

is based on the professional experience achieved in the Member State

of origin, which can be done either by automatic recognition or may

be accompanied by training specific requirements. For the

qualification recognition the following steps shall be taken:

The procedure compares the foreign professional qualifications

with a similar German occupation;

The competent authority takes into account if there are

significant differences between the foreign professional

qualifications and the German professional qualifications;

The professional experience achieved in Germany or abroad may

also be taken into account in addition to the training programs.

If no proper evidence may be submitted in support of the

qualifications, an analysis of the qualifications may be conducted in

order to determine the professional skills (such as technical

discussions or on-site tests). If there are significant changes between

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the foreign professional qualifications and the German comparable

qualifications, the applicant shall be subject to an adjustment action

(an adjustment period of maximum three years) or he/she has to take

a skills test for the proper equivalence to be made.

IV. The exercising of the baker, pastry maker and

confectioner professions in the European Union

The bakers – pastry makers – confectioners are workers in the

food industry, hospitality industry, crafts and restoration (catering),

who manufacture (bake and sell) bakery products, flour products

and/or confectionery.

The baker / pastry maker / confectioner professions /

occupations are being regulated in certain Member States of the

European Union (Austria, the Czech Republic and Germany), while

in other European countries (Romania, Italy, Spain, Denmark, the

Netherlands, Great Britain) they are not being regulated.

In the Member States where these professions / occupations are

not being regulated, the nationals having obtained a professional

qualification in a country (the country of origin) other than the host

country may legally work as any other citizen in that state without

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the recognition of the baker – pastry maker – confectioner

qualification / the skill certification being mandatory.

Irrespective of the profession type – regulated or non-regulated

– when baker – pastry maker – confectioner profession is being

exercised, the following have to be complied with:

the national legal framework regarding the professional

activities carried out in the economic field in that country,

the conditions for their access to the labour market (to

hold a residency permit for Denmark, a work permit in

Germany and in Great Britain etc.),

other specific requirements regarding the exercising of

the profession.

For example, the exercising of the baker / pastry maker /

confectioner professions may have an impact on the food safety,

public health and consumer protection. Therefore the workers in the

food sector (industry and restoration) have to have knowledge on the

hygiene and food safety issues, on the specific national legislation

(referring to food processing and sale,...) etc.

A baker / pastry maker / confectioner may carry out his/her

professional activity both as an employee and independently (as self-

employed).

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For exercising the baker, pastry maker or confectioner

professions in the Member States where the provisions are being

regulated, following the recognition of the professional qualifications

there are no additional provision conditions such as: fee payment,

professional insurance, mandatory classes, etc. The potential fees

might arise when carrying out certain commercial activities (as self-

employed) based on the trade-related national legislation, without

any direct link to the achieved qualification.

A Romanian citizen who wants to work in another country of

the European Union shall be subject to the legislation applicable in

the host country – his/her professional qualification shall have to be

recognized only if he/she shall exercise the profession in one of the

countries where the profession is being regulated. Although the free

movement of workers is a fundamental right allowing the citizens of

a EU Member State to work in another Member State under the same

conditions as those applicable to the citizens of the host country, the

EU treaties lay down the possibility to restrict the application of this

freedom17

for a definite term. For example, at this moment18

, nine of

the EU Member States apply restrictions for the Romanian workers

17 With reference to the occupation of a workplace 18

During the elaboration of the guidelines (June 2012 – July 2013)

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who want to work in these countries, i.e.: Austria, Belgium, France,

Germany, Luxemburg, Malta, Great Britain, the

Netherlands and Spain.19

The Romanian workers’ access to the

labour markets in the states imposing restrictions is based on the

national legislation in that state, including the bilateral agreements

regarding the movement of workers, which Romania has already

concluded with these states (mainly with Germany, Spain, France).

If we refer to the exercising of the baker, pastry maker or

confectioner professions in Romania, as far as the organization and

performance of the professional activities, the authorities and

organizations with institutional capacity (in charge with

coordination, regulation and control) operating in the relevant sectors

of the national economy are as follows:

the Ministry of Agriculture and Rural Development (central

authority – food industry),

the Ministry of Economy – the National Authority for

Tourism (the former Ministry of Rural Development and

Tourism – the Tourism Development Division (central

authority – hospitality industry).

19 Restrictions applicable to the fee movement of labour within the European Union

(http://www.mmuncii.ro/nou/index.php/ro/munca/mobilitatea-fortei-de-munca/644-

restrictii-aplicabile-liberei-circulatii-a-fortei-de-munca-in-ue, accessed in May 2013)

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Conclusions

The analysis of the regulation of the professions corresponding

to the baker, pastry maker and confectioner occupations in the

Member States of the European Union or of the European Economic

Area, including the Swiss Confederation, indicates that these

professions are being regulated in the following countries: Austria,

Belgium, the Czech Republic, France, Germany, Iceland,

Liechtenstein, Slovakia and Hungary. For a national to exercise a

regulated profession in any of these host countries his/her skills have

to be validated or certified for the professional recognition of his/her

qualification and for him/her to have access to the labour market.

In countries such as Denmark, Italy, Great Britain, the

Netherlands and Spain the baker – pastry maker – confectioner

professions are not being regulated.

The skill certification and the recognition of the professional

qualification are not mandatory in the Member States where the

professions are not being regulated, but the employers or the

affiliation to certain professional associations might require these

conditions. For example, the training and skill certification have been

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presented for the attestation of the baker / pastry maker /

confectioner qualifications in Romania.

These guidelines have indicated the procedure for the validation

/ certification of the professional skills for the regulated professions

in the analyzed EU Member States, i.e. Austria, the Czech Republic

and Germany. The qualification level associated with the baker –

pastry maker – confectioner professional skills in the Member States

where the respective professions are being regulated is usually lower

than the corresponding Level 3 in the Qualification European

Framework.

The recognition of the professional qualifications obtained in

EU Member States other than the host country complies with the

provisions laid down in Directive 2005/36 regarding the recognition

of the professional qualifications. The professional qualification

recognition process is mandatory for a national to exercise the baker

– pastry maker – confectioner professions in the EU Member States

where the professions are being regulated. The processes for the

recognition of the baker – pastry maker – confectioner professional

qualifications in Austria, the Czech Republic and Germany are

performed pursuant to a common procedure, but there are

particularities regarding the access conditions, the documents

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necessary for putting together the application file and the

determination of the equivalence in relation to the applicable national

legislation in each Member State in question. The baker / pastry

maker / confectioner professional qualification recognition system is

based on the professional experience achieved in the Member State

of origin, which can be done either by automatic recognition or it

may be accompanied by specific training requirements.

A baker / pastry maker / confectioner can carry out his/her

professional activity both as an employee and independently.

Irrespective of the profession type – regulated or non-regulated –

when exercising the baker – pastry maker – confectioner professions,

he/she has to comply with the national legislation regarding the

professional activities carried out in the economic business in that

country, the conditions for having access to the labour market, and

even other specific requirements regarding the exercising of the

profession.

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Selective Bibliography

1. Amt für Volkswirtschaft (http://www.llv.li/amstsstellen/llv-avw-

home.htm , last accessed on June 4th, 2013)

2. The National Centre for Recognition and Equivalence of

Diplomas (http://cnred.edu.ro/, last accessed on May 24th, 2013)

3. The Romanian Occupational Classification (COR)

(http://www.mmuncii.ro/nou/index.php/ro/munca/c-o-r , last

accessed on June 4th, 2013)

4. Directive 2005/36/EC of the European Parliament and of the

Council dated September 7th, 2005 regarding the recognition of

the professional qualifications

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

Council dated December 12th, 2006 regarding the services on the

internal market

6. Legal documents (http://ec.europa.eu/internal_market/imi-

net/important_documents_ro.html; last accessed on May 20th,

2013)

7. EURES (https://ec.europa.eu/eures/home.jsp?lang=ro, last

accessed on June 25th, 2013)

8. IMI PQ - About the project (http://www.imipqnet.ro/ro/despre-

proiect/, last accessed on June 27th, 2013)

9. Law no. 200 / 2004 regarding the recognition of diplomas and of

professional qualifications for the regulated professions in

Romania, with current amendments

10. The Qualification Equivalence Act (Gesetz über die Feststellung

der Gleichwertigkeit von Berufsqualifikationen;

Berufsqualifikationsfeststellungsgesetz - BQFG)

(http://www.gesetze-im-

internet.de/bundesrecht/bqfg/gesamt.pdf, last accessed on June

25th, 2013)

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11. The Law on the regulation of crafts (Handwerksordnung) in

1953, completed by the Code dated September 24th, 1998 (the

Federal Official Gazette I p. 3074 and in 2006 am p

2095), with the last amendments made through Article 2 in the

Law dated December 5th, 2012 (the Federal Official Gazette I p.

2415), (Gesetz zur Ordnung des Handwerks -

Handwerksordnung) (http://www.gesetze-im-

internet.de/bundesrecht/hwo/gesamt.pdf, last accessed on June

25th, 2013)

12. National contact points – European Commission

(http://ec.europa.eu/internal_market/qualifications/contact/nation

al_contact_points_en.htm, last accessed on June 30th, 2013)

13. Qualification Nomenclature

(http://www.mmuncii.ro/pub/imagemanager/images/file/NCalific

ari/NomCalificari_Tabel5.pdf , last accessed on May 20th, 2013)

14. Oktatási Hivatal, Magyarország

(http://www.oktatas.hu/kepesitesek_elismertetese/english/recogn

ition_of_foreign_qualifications, last accessed on May 20th,

2013)

15. Order no. 51/2007 issued by the Minister of Labour, Social

Solidarity and Family for the approval of the Procedure for

qualification attestation – training and professional experience –

achieved in Romania, outside the national education system, by

the Romanian citizens who want to carry out their activity as

self-employed or as employees in a EU Member State

16. Order no. 701/2003 issued by the Minister of Labour, Social

Solidarity and Family for the appointment of the unit that

automatically recognizes the documents proving the qualification

achieved abroad, outside the education system, by the Romanian

citizens or by citizens of the EU Member State or of the states in

the European Economic Area

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17. Order no. 3199 / 2012 issued by the Minister of Education,

Research, Youth and Sport for the approval of the Methodology

regarding the issue – for the professions not regulated in

Romania – of the certificate of study conformity with the

provisions laid down in Directive 2005/36/EC of the European

Parliament and of the Council, dated September 7th, 2005

regarding the recognition of the professional qualifications

18. Order no. 3075 / 2008 issued by the Minister of Education,

Research and Youth regarding the approval of the procedure for

the professional recognition of the professions not regulated in

Romania

19. Regulated professions and competent authorities, Czech

Republic

(http://ec.europa.eu/internal_market/qualifications/regprof/index.

cfm?action=regprof&id_regprof=14608 , last accessed on June

10th, 2013)

20. Regulated professions database, France

(http://ec.europa.eu/internal_market/qualifications/regprof/index.

cfm?action=regprof&id_regprof=14307&id_profession=12142&

tab=countries&quid=2&mode=asc&pagenum=1, last accessed

on June 10th, 2013)

21. Restrictions applicable to the free movement of labour

throughout the European Union

(http://www.mmuncii.ro/nou/index.php/ro/munca/mobilitatea-

fortei-de-munca/644-restrictii-aplicabile-liberei-circulatii-a-

fortei-de-munca-in-ue, last accessed on May 20th, 2013)

22. The Resolution of the European Parliament dated December 15th,

2011 regarding the free movement of workers throughout the

European Union (2013/C 168 E/12)

23. Solvit (http://ec.europa.eu/solvit/site, last accessed on May 20th,

2013)

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24. Occupational standards

(http://www.anc.gov.ro/index.php?page=so, last accessed on

May 20th, 2013)

25. The EU single market - Regulated professions database, Belgium

(http://ec.europa.eu/internal_market/qualifications/regprof/index.

cfm?action=regprof&id_regprof=4888&tab=general , last

accessed on May 20th, 2013)

26. The EU single market - Regulated professions database,

Liechtenstein

(http://ec.europa.eu/internal_market/qualifications/regprof/index.

cfm?action=regprof&id_regprof=5541,http://ec.europa.eu/intern

al_market/qualifications/regprof/index.cfm?action=regprof&id_r

egprof=5586 , last accessed on May 20th, 2013)

27. The EU single market - Regulated professions database, Hungary

(http://ec.europa.eu/internal_market/qualifications/regprof/index.

cfm?action=regprof&id_regprof=13908 , last accessed on May

20th, 2013)

28. The EU single market - Regulated professions database, Austria

(http://ec.europa.eu/internal_market/qualifications/regprof/index.

cfm?action=regprof&id_regprof=7184,http://ec.europa.eu/intern

al_market/qualifications/regprof/index.cfm?action=regprof&id_r

egprof=4465&id_profession=12142&tab=countries&quid=2&m

ode=asc&pagenum=1, last accessed on May 20th, 2013)

[drawn up: July 2013]