Vehicle inspector

MINISTRY OF NATIONAL

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EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS

PROTECTION AMPOSDRU

European Social Fundul

POS DRU 2007- 2013

Structural Instruments 2007 - 2013

1

Invest in people!

EUROPEAN SOCIAL FUND

Human Resources Development District Operational Program

2007 – 2013

Priority Axis 3 „WORKERS AND COMPANIES ADAPTABILITY

DEVELOPMENT”

Intervention major field 3.3 „Partnerships development and

encouragining initiatives of social parteners and civil society"

Title of the project: “Competent Authorities Network for Professional

Qualifications in Romania (IMI PQ NET Romania)”

Beneficiary: Ministry of National Education

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

CERTIFICATION AND RECOGNITION GUIDE

OF THE VEHICLE INSPECTOR PROFESSION

Author:

ETS ANC: Dr. Eng. Carmen Debeleac


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C O N T E N T S Introduction.................................................................................. 3

1. Situation of the regulation in Romania and in other member

states of European Union of the Vehicle Inspector

profession…............ 5

2. Validation/certification procedures of the competences

applied by CA in the countries in which the profession is

regulated................... 9

2.1 Validation/certification procedure of the competences in

order to exercise the Vehicle inspector profession

in Czech Republic.............................................................

9


order to exercise the Vehicle inspector profession in

Netherland...........................................................................

11



in Romania........................................................................

14

3. Recognition processes of the qualifications obtained in other

member states of European Union ................................................ 17

3.1 Recognition process in Czech Republic of the Vehicle

Inspector qualification obtained in other MS of

EU................. 21

3.2 Recognition process in Netherland of the Vehicle


EU................. 27

3.3 Recognition process in Romania of the Vehicle


EU...................... 29

3.4 SOLVIT…………………………………………............ 30

4. Exercise of the Vehicle inspector profession in

EU………............. 34


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4.1 Exercise of the Vehicle inspector profession

in Czech Republic............................................................. 35

4.2 Exercise of the Vehicle inspector profession in

Netherland ............. 37

4.3 Exercise of the Vehicle inspector profession in

Romania.......... 37

Conclusion...…………………………………………………..... 40

Bibliography ………..………………………………………….. 43

APPENDIX …………………………………………………..... 45

INTRODUCTION

The Guide for the certification of competences and the recognition of

the Vehicle Inspector profession is one of the project results of the

Competent Authorities Network for the Professional Qualifications

in Romania - IMIPQNET implemented by the Ministry of National

Education (MNE) in partnership with the National Authority for

Qualifications (NAQ) and with the Institute for Social Policies (ISP),

co-financed from the European Social Fund by the District Operational

Program for the Human Resources Development 2007 – 2013

(POSDRU).

In the project have been analyzed, together with the representatives of

the Competent Authorities, the validation and certification procedures of

the competences and the recognition processes of the qualifications for

each profession regulated in Romania highlighting the common

elements, resulting finally as the standard schema of competences


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validation and certification corresponding to all regulated professions

and for the recognition process of the qualifications.

There have also been made comparative analyses between Romania and

a few of the member states (MS) of European Union (EU) regarding he

modality to obtain the qualifications, the education system and the

professional training, types of documents (diplomas, certificates,

competence certificates) that may be obtained at the training

certification, regulations regarding the validation, certification and

recognition of qualifications, professions regulated according to

directive 2005/36/CE1 regarding the recognition of professional

qualifications.

In the project have been organized study visits in MS of EU where took

part the members of the IMIPQNET work group together with the

experts of the Ministry of National Education and of National

Authorities for Qualifications.

This guide is made according to ther orientative standard reference

terms for the validation and certification procedures of the competences

and of the recognition processes for the qualifications, elaborated in the

project and validated in the working group workshops.

The elaboration of the guide for the certification and recognition of the

Vehicle inspector profession ensures:

1 JO L 255, 30.09.2005, p. 22 - 123


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the support of the Competent Authority in Romania (in the

present case the Romanian Driving Register) in the

standardization activity of the certification and recogniton

processes of the professions regulated it manages, by informing

regarding the existing practices in a few MS of EU where these

professions are also regulated;

informing the persons who got qualifications in periodical

technical inspections field in Romania and who wish to practice

this profession in some of MS from EU.

1. SITUATION OF THE REGULATION IN ROMANIA

AND IN OTHER MEMBER STATES OF THE

EUROPEAN UNION OF

THE VEHICLE INSPECTOR PROFESSION

The Vehicle inspector profession is regulated in 6 MS of EU (table 1), as

results having consulted the data base of the information system of the

internal market – IMI2.

Table 1. MS of EU in which the profession is regulated

Name of profession

SM/EN SM Name of CA

Recognition

according to

Directive

2005/36/CE

Level of

qualification

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

accessed on 20.05.2013

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


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Controleur

Technique de vehicles/

Vehicle inspector,

Light vehicle standard officer

France -

Recognition of the professional

experience IV

Appendix – Automatic

recognition

-

Keurmeester periodieke keuring

lichte voertuigen/

Vehicle inspector, Light vehicle

standard officer

Netherland RDW + Innovam

Groep

Recognition

general system at the first

application

Competence certificate

Art. 11a

Inspection technician

of the K type/

Car technician

Czech Republic

Minister of Transport

Recognition general system

at the first

application (Act No. 56/2001

Coll., Decree

No. 341/2002 Coll.)

Certificate

that certifies

the secondary education

graduation

Art.11b

Continuation of Table 1

Name of the profession

SM/EN SM Name of CA

Recognition

according to

Directive

2005/36/CE

Level of

qualification

Inspector ITP/

Vehicle inspector,

Light vehicle standard officer

Romania Romanian Driving

Register

Recognition


application

Competence certificate

Art. 11a

Diagnosta uprawniony

do wykonywania badań technicznych

pojazdów)/

Diagnostics technician

at vehicle control station

Poland

Technical

transport supervising

directorate

Recognition


application

University or

universiy college

education

diploma

Kontrolný technik

oprávnený vykonávať technické kontroly

vozidiel

Slovakia

Ministry of

Education,

Recognition of education Centre

Recognition general system

at the first

application

-

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=regprof&id_regprof=7254&id_profession=7016&tab=countries&quid=2&mode=asc&pagenum=1









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The generic title of this profession regulated is Vehicle inspector or Light

vehicle standard officer and is represented as follows: in France –

Driving technical Inspector (Controleur technique de vehicles), in

Netherand – Light vehicles technical Inspector (Keurmeester periodieke

keuring lichte voertuigen), in Czech Republic – Inspector technician of

the K type (Inspection technician of the K type), in Romania – Vehicles

inspector, in Poland – Diagnostician authorized to do the technical

inspection of vehicles (Diagnosta uprawniony do wykonywania badań

technicznych pojazdów), in Slovakia – Technical verifier that does the

technical inspection of vehicles (Kontrolný technik oprávnený

vykonávať technické kontroly vozidiel).

From MS of EU visited and analyzed in a comparative way by the

methodological experts of National Authority for Qualifications,

according to the legislation in professional qualifications field and of their

recognition, in 3 of the visited countries is found regulated the vehicles

inspector profession: Czech Republic, Netherland and Romania.

The normative acts that are the basis of the vehicles inspector profession

regulation in the countries compared in this guide are given in table 2.

Table 2. Situation of the profession regulation

Country Normative Acts






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Romania

OMTCT no. 2.133 from 8.12.2005 - RNTR 1,

published in MO, I Part, no.1160 from 21.12.2005,

with further amendments and addenda3

Czech

Republic

Law 56/2001 Coll.

Decree 341/2002 Coll

Netherland JAI 2011/7245 – Examination methodology of the

light vehicles technical inspectors (AK2)

Romania is among countries in which the technical inspection of vehicles

is regulated as a distinct profession, together with Czech Republic,

Netherland, Slovakia, Poland and France.

The mobility of the vehicles inspectors on the labor market in EU is

lower; there are a number of 28 requests through the IMI system

registered till the end of year 2012. In table 3 are centralized these

requests acording to host MS and to the type of answer received for the

recognition request of the professional qualification as vehicle inspector.

Table 3. Situation of the recognition

for the vehicle inspector profession in EU

3Minister of Transports, Constructions and Turism Order no. 2.133 from 8

december 2005 for the approval of the Regulations regarding the certification

of the road vehicles framing registered accoding to the technical norms with

respect to the road driving safety, environment protection and in the category of

use according to the destination, by the periodical technical inspection - RNTR

1, Published in the Official Gazette, I Part, no. 1160 from 21 december 2005,

with further amendments and addenda


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Ori

gin

countr

y w

her

e

the

qual

ific

atio

n w

as

obta

ined

Auto

mat

ic p

ost

ive

answ

er b

y t

he

gen

eral

syst

em

(no c

om

pen

sato

ry

mea

sure

s)

Post

ive

answ

er b

y t

he

gen

eral

syst

em (

afte

r

takin

g t

he

capac

ity t

est)

Post

ive

answ

er b

y t

he

gen

eral

syst

em a

fter

pro

vin

g t

he

pro

fess

ional

exper

ience

Auto

mat

ic n

egat

ive

answ

er b

y t

he

gen

eral

syst

em

(aft

er t

akin

g a

cap

acit

y

test

)

Belgium 1 11 3 0

France 0 1 0 1

Germany 0 8 0 0

Ireland 0 0 1 0

Great

Britain 0 2 0 0

Total

Countries

EU 1 22 4 1

We notice that most of the decisions (78.5%) taken by the Competent

Authorities (CA) in MS of EU are those positive ones (by the

recognition general system) obtained after imposing some compensatory

measures consisting in taking a capacity test.

2. VALIDATION/CERTIFICATION PROCEDURES

FOR THE COMPETENCES APPLIED BY CA IN THE

COUNTRIES IN WHICH

THE PROFESSION IS REGULATED


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2.1. Validation/certification procedure for the competences

in order to exercise

the Vehicle inspector profession in Czech Republic

In the Czech Republic, the name of the profession is Light vehicles

technical Inspector of type K, and the Competent Authorities are The

Regional Authorities of the Ministry of Transport in Czech Republic.

The legislative acts that regulate the profession are Law 56/2001 Coll.

and the Decree 341/2002 Coll.

The access conditions imposed to a person who wishes to become a

vehicle inspector are the following:

a) education: secondary education finished with a bachelor

examination;

b) experience of 3 years as a control technician for vehicles of type

K;

c) statement about the deviations provoked during the performance

of the professional activity (it is not compulsory but it is

recommended to be done);

d) knowledges about computer use;

e) certificate as a control technician for vehicles of type K (light

vehicles);


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For the validation of the professional training one has an examination

before an Examination Board that is made of members of the Ministry

of Transport.

The examining tax to get the professional competence certificate is of

500 CZK.

The Regional Authorities of the Ministry of Transport in Czech

Republic issues the following certificates:

- the professional competence certificate for the vehicle inspector

for vehicles of type K (light);

- the professional competence certificate for the technical

inspector that verifies the vehicles equipted with instalations

with liquefied petroleum gas supply system (GPL);

- the professional competence certificate for the technical

inspector that verifies the vehicles equiped with instalations of

compressed gas supply system (GNC).

The validity term of these certificates is of 2 years.

2.2. Validation/certification procedure for the competences in


in Neterland

In Netherland, the name of the profession is Technical inspector of light

vehicles, and the Competent Authority is the Road Transport Directorate


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(Directie van de Dienst Wegverkeer - RDW) and Innovam Groep by

Exmination and certification Institute – IBKI.

The legislative act that regulates the profession is JAI 2011/7245 – the

Methodology for the examination of technical inspectors for light

vehicles (class AK2).

A person who wishes to become a vehicle inspector must fulfill the

following conditions:

a) education: secondary education;

b) professional experience of 3 years in the activity of maintenance

or repairs of light vehicles;

c) taking an examination (registration is also done directly on the

site of Examination and certification Institute – IBKI).

For the registration at the examination for finishing the professional

training modulule of the vehicles inspectors are necessary the following

documents:

- registration form for the examination;

- identity document;

- driving licence;

- the proves regarding the fulfillment of the access conditions;

- the prove of the examination payment.

The validity of the education results after the end of the professional

training cycle and is as follows:


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- it designated an Examination Board that is made of a president,

secretary and at least two examining members;

- they have an examination in which the knowledge of the

candidate is valuated, knowledge necessary to make the

periodical technical inspections stipulated at article 75 from

Law in 1994 regarding the road traffic in Netherland.

The duration of the examination is of half a day. The examination is in

Dutch language, so he must prove the linguistic competences.

Th first part of the examiantion consists in a written test (30 min.) with

65 with grid questions from procedures and regulations regarding the

performance of a technical inspection (the testing data processing,

elaboration of the testing complete report, interpretation of the taken

tests results and their statistic processing, procedural information,

knowledge about the legislation regarding the compulsory periodic

inspections).

The second part of the examination consists in a practical test (80 min.)

in which are tested the knowledges referring to: the braking system,

steering, chassis, bodywork, lighting etc.

The conditions to pass the examination are: passing the written

examination with a minimum grade of 6 and 36 points obtained at the

practical testing (only 2 practical tests are accepted with the grade 5 and

none below 5).


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The examination tax is imposed by the Examination and certification

Institute – IBKI from Innovam Groep.

IBKI and RDW (which are CA) issue the professional competence

certificate for the vehicle inspector which model is attached below.

- first page -

- back page -

2.3. Validation/certification procedure for the competences

in order to exercise the vehicle inspector profession in Romania


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The profession of vehicle inspector or technical inspector is regulated in

Romania, and the citizens having this profession may perform their

activity only if they are certified in this respect by the Competent

Authority Romanian Driving Register.

The access conditions for the vehicle inspector certificationare the

following:

a) qualification:

a1) road vehicles engineer or automobiles mechanic

engineer or similar legal qualifications;

a2) mechanic engineer, electromechanic engineer,

mechanical foreman, electromechanic foreman, mechanic

technician, electromechanic tehnician or transports

technician or similar legal qualifications;

b) driving licence corresponding to the vehicle class, keeping to

the requests: for I class – driving lincence class A; for the II

class – driving licence class B; for the III class – driving licence

class C and/or D;

c) minimum 3 years in maintenance or vehicles repairs activity

(mechanic or electromechanic activities), or in technic approval

and verification activities for vehicles, for the persons qualified

according to the previsions of lett. a2).

The necessary documents for the file regarding the

Certification/Recertification as vehicle inspector are similar to those

requested by CA in MS of EU previously presented:


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a) certification/recertification application form, that shall include

according to the situation, also a recommendation from the legal

person part where he will perform his activity;

b) identity document, in copy;

c) education diploma or a professional qualification diploma, in

copy (at the certification);

d) driving licence, in copy;

e) copies certificated for the conformity with the original to prove

the 3 years activity of vehicle maintenance and/or vehicles

repairs (at the certification);

f) graduation prove of the training course (at the certification), in

copy;

g) certificate obtained at the previous certification/recertification

(only if it is in the validity period).

The certification/recertification validy as vehicle inspector is done after

attending the following modules (as required):

- preparatory course about the construction and operation of road

vehicles, of 3 days that finish with a theoretic examination and

passing it allows the continuation of the certification procedure

(only for those that have 1 – 3 years of activity);

- certification program (4 days) or of recertification (of 1 day),

both finishing by an examination (theoretic – grid type and

practical);


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- for the certification of the personnel that does vehicles

verification to the vehicles equipted with installation of liquified

petroleum gas supply system (GPL) or with installation of

compressed gas supply (GNC) is conditioned by the graduation

of a certification program additionaly organized by RAR.

By comparison with the other MS of EU, we notice that also in our

country the validation of the education results is done by having in front

of the Examination Board some examinations with theoretical and/or

practical tests.

The examination taxes are set by RAR and may be consulted (at their

updated value) at the link:

http://www.rarom.ro/RO/article-Atest%C4%83ri%20inspectori%20ITP--267.html.

The certification as a technic inspector is done with no payment if the

application form for the certification includes the recommendation from

the legal person where he shall perform the activity. Otherwise the

atestation shall be done for a fee. Attending the preparatory course about

the construction and operation of road vehicles is also done for a fee, the

same as for getting a new atestation certificate.

For the certification of the vehicle inspector, RAR issues an atestation

certificate, its model being presented on the next page.


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- first page -

In Romania, the validity of the certificate issued by RAR is of 2 years.

3. RECOGNITION PROCESSES OF THE

QUALIFICATIONS OBTAINED IN OTHER MEMBER

STATES OF EUROPEAN UNION

In order to recognize the professional qualifications the Directive

2005/36/CE presents three recognition ways by:

the automatic recogniton system appliable for the following

professions: nurse, dentist, veterinary, midwife, architect,

pharmacist and doctor;


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recognition general system based on mutual trust between

member states of Euopean Union, applicable for a number of

professions. In this situation the recognition is not automatic,

but it needs a comparison between the professional training

courses – stipulated in the two states, as well as the possibility

in case of "substantial differences", for compensatory measures

(capacity test or an adaptation period);

the system based on the professional experience gained in the

origin state, that applies to the artisanal, commercial or

industrial activities (listed in the Directive 2005/36/CE –

Appendix IV) and stipulates the automatic recognition if there

are fulfilled the conditions stipulated expressly for each

professional class.

From the point of view of the level of qualifications that submit to the

recognition general system, Directive 2005/36/CE regarding the

recognition of professional qualifications identifies 5 levels of

professional qualification:

competence certificate issued by a competent authority in the

origin member state origine, that certifies wither the owner

gained the general kowledge corresponding to a training at the

secondary or high-school education level, or that he attended the

professional training courses that are not the object of a

certificate or a diploma, either it passed a special examination


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without prior training, or that he has a profesional experience of

three years;

certificate that corresponds to a cycle of technical or

professional secondary studies, or of a general nature,

completed by a professional training;

diploma that certifies the graduation of some training courses at

the level of secondary education level with a duration of at least

one year or of some training courses that prepair for a

comparable level of responsibilities and positions;


the level of secondary or universitary education with a duration

of at least three years and at most four years;


the level of secondary or universitary education with a duration

of at least four years.

MS of EU have been obliged to comply with the request of the Directive

2005/36/CE through its implementation in the national legislation. Thus,

the relevant information regarding the recognition procedure valid in

each MS are included in the national legislation by the implementation

of Directive 2005/36/CE and may be obtained from the National

Contact Points (National Contact Points) for the recognition of

qualifications, which all MS have been obliged to found (the contact

data are found at the link

http://ec.europa.eu/internal_market/qualifications/contact/national_contact_points_en.htm).


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The National Contact Point in Romania for the recognition of

diplomas/profesional qualifications obtained abroad is the Recognition

and equivalence National Centre of Diplomas -rCNRED that may be

accessed on the site: www.cnred.edu.ro.

The applicant must give the documents necessary for the recognition of

the professional qualification at the competent authority that must take a

decision in a limited term. If, according to the received documents a

positive verdict can not be given then the applicant may be imposed to

have a test.

Capacity Test may be fi applied by CA in the host MS for the

recognition are the differences from the two professional qualifications

that must be covered by compensatory measures. As the vehicle

inspector activity implies knowing in detail the light and heavy vehicles

constructions, as well as their operation principle, the capacity test that

contains questions in these fields is frequently imposed for the

recognition of the vehicle inspector qualification (table 3). CA in host

MS shall set the questions for the capacity test taking into account both

the knowledge gained by the applicant during his formal qualification,

and the ones he gained in informal or non-formal contexts, like the

situation of those that have practical experience.

The initiation of the recogniton process as well as the organization of

the capacity test may be done by the CA after the applicant proves the

payment of a tax that mustn’t be greater than the costs involved and


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mustn’t be discriminatory towards its own nationals in similar

situations.

Regarding the profession that is the object of this guide, the recognition

in MS of EU in which this profession is regulated, is done according to

the recognition general system (at the first application) and/or according

to the prove of professional exeperience in the technical inspections

activity of the vehicles (heavy, light).

3.1. THE RECOGNITION PROCESS IN CZECH REPUBLIC

FOR THE VEHICLE INSPECTOR QUALIFICATION

OBTAINED IN OTHER MS OF EU

In Czech Republic the vehicle inspector profession is regulated. The

implementation in the Czech legislation of the Directive 2005/36/CE is

represented by Act No. 18/2004 Coll.4 according to which the recogniton

procedure takes place for the professional qualifications obtained in

other MS of EU.

The education diplomas obtained in other MS of EU are recognized in

Czech Republic according to:

Education Law no. 561/2004;

4 Act No 18/2004 Coll. on the Recognition of Professional Qualifications and

Other Competence of the Nationals of EU Member States and amending certain

laws (the Act on the Recognition of Professional Qualifications)


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The Regulation of the Education Ministry no. 12/2005

regarding the recognition conditions of the education documents

issued by the schools from abroad.

If the content and the application field of the program differ in some

parts, or if the applicant doesn’t give the complete documentation that

must show the content and the application field of the studied subjects,

the regional education department may ask that the deponent have a

validation examination. Passing the examination is a precondition for

the issuance of the document that recognizes the validity of the foreign

education document.

If a national wishes to get the recogniton of the professional

qualification for the exercise of the vehicle inspector profession then he

must go through the following steps of the recognition procedure

according to the Act No. 247/2000 Coll:

a) obtaining the application form (see APPENDIX) for the recognition

of the professional qualification, which may be downloaded on-line

from the site: http://uok.msmt.cz/uok or, directly from the Competent

Authority meaning the Ministry of Transport or the Ministry of

Education, Youth and Sport;

b) filling in the appplication form on-line and presenting the following

proves:

documents that offer information regarding the name and

surname, date of birth, citizenship, mailing address. The identity

http://uok.msmt.cz/uok


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card and the citizenship prove of a MS in the EU must be

presented in photocopies, but there are situations in which, for

the examination for the purpose of the compliance documents

(due to the lack of administrative cooperation), the competent

authority may ask the documents in original or authenticated

photocopies (authentificated at the notary office);

documents for the recognition of the regulated profession that

the national wishes to exercise in Czech Republic. The

professional qualifications proves and/or of other competences

they have must prove your education and training, by

mentioning the level of education (elementary, secondary,

high), the duration and the content of gained education or

training. These documents must be translated in Czech

language, and if between the origin state and the host one is an

international treaty, like the Hague Convention between

Romania and Czech Republic (valid since 2001), then the

translation is no longer necessary. If the competent authority

questions the accuracy and authenticity of the translation or if

there was no evidence of the authenticity administratively, the

that competent authority is entitled to ask proves translated in

Czech language by one of the interpreters on the list of

experts/translators of Czech state;

a statement regarding the exercise type of the regulated

profession (performance of independent activities or as an


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employee). Regarding this profession the national declares that

he performs the professional activity as an employee;

the receipt according to which one proves the administrative tax

payment for the recognition of the professional qualifications

(2000 CZK);

c) giving the application form acompanied by the documents required

by the competent authority;

d) the decision regarding the given request which the competent

authority is obliged to issue in term of 60 days from the complete

application form deposit (with all requested documents). Regarding

the consolidated procedure or a very complex application, the

competent authority has the legal obligation to take a decision in

term of maximum 90 days. If the decision enters in a legal dispute,

the competent authority is obliged to give back in term of 15

working days all the documents the applicant gave. At the end, the

competent authority gives a decision in which there are certified the

following: the recognition of the professional qualification of the

applicant; the national’s request for some compensatory measures of

a legal form of adaptation or a capacity test; the rejection of the

application for the recognition of the professional qualification;

e) appeal against the competent authority decision by an appeal at the

Permanent Appeal Commission, in term of 15 days from the

competent authority decision announcement (if the national does not

agree with the decision taken by it);


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Fig.1 Geneal logical scheme regarding the professional recognition


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Legend:

1) Ati dobandit calificarea profesionala in UE/SE E sau Elvetia si doriti

sa va exercitati profesia in Republica Ceha? = Did you obtained your

professional qualification in EU/SE E or Switzerland and you wish to

exercise your profession in Czech Republic

2) Este reglementata profesia Dvs. in Republica Ceha? = Is your

profession regulated in Czech Republic?

3) NU = NO

4) Acces nelimitat pe piata muncii = Unlimited access on the labor

market

5) DA = YES

6) Este necesara recunoasterea calificarii? = Is it necessary the

recognition of the qualification?

7) Sunteti calificat pentru aceiasi profesie in tara Dvs.? = Are you

qualified for the same profession in your country?

8) Directiva nu este aplicabila = The directive is not applicable

9) Doriti sa profesati temporarsau ocazional? = Do you wish to exercise

the profession temporary or occasionally?

10) Doriti sa lucrati in Republica Ceha permanent? = Do you wish to

work in Czech Republic permanently?

11) Este necesara informarea unei autoritati competente de recunoastere

prin declaratie? = Is it necessary the information of a recognition

competent authority by a statement?


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12) Sunteti doctor, farmacist, dentist, asistenta medicala, mosa,

veterinar, chirurg sau arhitect? = Are you a doctor, phamacist, dentist,

nurse, midwife, veterinary, surgeon or an architect?

13) Profesia este reglementata in tara Dvs. sau puteti dovedi ca ultimii

10 ani aveti macar 2 ani de experienta profesionala relevanta? = Your

profession is regulated in your country or you are able to prove that

during the last 10 years you had at least 2 years of relevant professional

experience?

14) Principiul recunoasterii automate poate fi aplicat = The principle of

automatic recognition may be applied

15) Directiva nu este aplicabila = The directive is not applicable

16) Sunteti doctor, farmacist, dentist, asistenta medicala, mosa,

veterinar, chirurg sau arhitect cu optiunea recunoasterii automate? = Are

you a doctor, phamacist, dentist, nurse, midwife, veterinary, surgeon or

an architect with the option of auomatic recognition?

Continuation Fig. 1


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Legend:

1) DA = YES

2) NU = NO

3) Programul Dvs. va fi comparat cu cel necesar in Republica Ceha? =

Your program shall be compared to the necessary one in Czech

Republic?

4) Considerind profesia Dvs., sunt siguranta si sanatatea publica puse in

pericol? = Considering yor profession, are public safety and health in

danger?


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5) Diferenta dintre calificarea Dvs. si cea solicitata in Republica Ceha

este mai mare de un nivel? = The differece between your qualification

and the one requested in Czech Republic is higher than one level?

6) Calificarea va fi verificata = The qualification shall be verified

7) Exista diferente substantiale in continutul curriculum-ului care nu pot

fi acoperite de experienta profesionala? = Are there substantial

differences in the curriculum content that can not be covered by the

professional experience?

8) Exista diferente substantiale intre programul Dvs. de studii si cel din

Republica Ceha, care influienteaza siguranta si sanatatea publica? = Are

there substantial differences between your program and the one in

Czech Republic that influence the public safety and health?

9) Test de aptitudini sau stagiu de adaptare = Capacity test or adaptation

period

10) CALIFICARE RECUNOSCUTA = RECOGNIZED

QUALIFICATION

11) ACCES LA FURNIZARE DE SERVICII = ACCESS TO

SERVICES SUPPLY

In fig. 1 is given the logical scheme that is the basis of the performance

of the recognition process for the professional qualifications (or the

professions) in Czech Republic. Consulting this scheme creates an

overview (generaly valid) regarding the complexity of this process and

the steps that must be performed to get the recognition of the profession


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that a national wishes to exercise in a county in EU, other than the

origin country where the professional qualification has been obtained.

In Czech Republic, the recognition of high education carried out in the

origin country (any MS of EU) is decided by the public institutions of

high education, according to Act No. 111/19985.

Ministry of Education, Youth and Sport shall issue a certificate of

recognition of the high studies only if it was obtained in a state the

Czech Republic has an agreement regarding the recognition of the

education documents, or if there are noticed curriculum differences,

may propose the fill in of the curriculum by education programs with a

similar content, finished with examinations.

3.2. THE RECOGNITION PROCESS IN NETHERLAND

OF THE VEHICLE INSPECTOR QUALIFICATION


In general, in Netherland, the professional qualifications are obtained

after some examinations that certify the competences of each person,

according to law from 7 April 2005 for the amendment of Education

and implementation of qualification and professional training

qualification terms Law (Stb. 2005, 203; wet experimenten). In this

regard there were implemented characteristic training courses after

5 Act No. 111/1998 on Higher Education Institutions and on Amendments and

Supplements to Some Other Acts


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attending it the physical persons might get the professional competences

necessary for the exercise of a profession6.

If a person owns a qualification title obtained in a MS of EU, this person

may get the recognition of the right to exercise that profession in

Netherland, after presenting an application and the documents necessary

for the competent authorities.

In Netherland, the vehicle inspector profession is regulated, and a

national wishes the recognition of this profession he must present the

following documents to the Dutch competent authorities IBKI and

RDW:

- certificate issued by the competent authority in the origin

country, from which to result that the diploma authorizes, in the

origin country, the exercise of the applicant’s profession;

- document that certifies the activity performed in the origin

country, since the reception of the diploma for which is

requested the recognition;

- document that certifies the performance of some internships,

some specialty courses or getting other diplomas.

All documents written in Romanian language must be accompanied by

the Dutch translation, certified by the Dutch diplomatic or consular

authority in the country the diploma has been issued.

6 https://zoek.officielebekendmakingen.nl/kst-32316-3.html


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The term for the examination of the recognition file of the diplomas that

certify a certain professional type is stipulated in the community

legislation not to exceed three months. At the first performance, or when

a change in the situation certified by documents ocurrs, the above

mentioned ones, they must also be accompanied by:

- a certificate or a copy of a document to certify the nationality of

the supplier;

- a certificate issued by the competent authority to certify that the

owner is legally established in a member state, that he exercises

the activities in question or that he is forbidden the right to

practice it, permanently or temporary, at the time of issue of the

certificate;

- a document to certify the professional qualifications;

- a document to certify the accuracy with a full time job of that

profession for a period of 2 years during the last 10 years in the

country the diploma was obtained.

3.3. THE RECOGNITION PROCESS IN ROMANIA

OF THE VEHICLE INSPECTOR QUALIFICATION


The vehicle inspector profession is regulated in Romania and

recognized by the general system, the level of education being framed at


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the Professions regulated for which the duration of studies is of at least

3 years of high education.

The recognition of the profession is done according to the general

provisions from Law 200/2004 given the fact that OMTCT 2133/2005

has no specific provisions for the recognition process of the vehicle

inspector profession.

For the recognition profession might be necessary, according to the

situation, presenting the following documents:

a) the nationality prove (identity card copy or passport);

b) driving licence;

c) a copy of the professional competence certificate or the

qualification title that confers the access to the profession;

d) informations about the continuous professional development,

seminars and all means of training to which the applicants took

part, apart from the initial training, because the additional

training may compensate the significant differences between the

qualifications and, thus, may be avoided the application of a

compensatory measure;

e) professional experience prove;

f) other documents if necessary.

3.4. SOLVIT


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SOLVIT7 is a network by which are solved, without having to resort to

legal procedures, a wide range of issues by MS of EU that mutualy help

each other in solving the unwanted situations appeared by inappropriate

appling of law regarding the internal market, by the public authorities.

If the community legislation has been inappropriate applied, SOLVIT

may solve the cross-border issues appeared between an economic agent

or a citizen and a public authority.

The political fields that frequently find the solving of issues by SOLVIT

are the the following:

- professional recognition of qualifications and of diplomas;

- access to education;

- residence permits;

- right to vote;

- social security;

- employment law for a job;

- driving licences;

- registration of motor vehicles;

- frontier control;

- access on the products market;

- access on the services market;

- setting as a freelancer;

- public procurement;

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


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- taxation;

- free movement of capitals and payments.

When a case is given to be solved by SOLVIT, the SOLVIT local centre

must verify if it is about one of the issues it may solve (eg. An

inappropriate application of the internal market rules) informing from

the available documents. Then, after the verification, the case is

registered in an electronic data base and in this way the information is

automaticaly sent to the SOLVIT centre in the other MS where the issue

in question appeared.

The term in which responsible SOLVIT centre might confirm the taking

over the case is of one week. If solving an issue involves the repeal of a

national law – and not only its application in an appropriate way – this

thing needs a greater period to answer because it is necessary of a

formal legal action.

There are also situations in which SOLVIT may take measures to

convince MS in question to give up the incorrect rules application, and

this thing might be done before that law repeal.

Between the two SOLVIT centres there is a close collaboration in

solving the appeared issues, and the “origin” SOLVIT centre has the

obligation to current inform regarding how the cases are solved.

In table 4 are given information regarding the SOLVIT National Centres

in a few MS of EU.


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Table 4. SOLVIT national centres8

MS of EU SOLVIT Centre

Czech

Republic

Odbor vnitřního trhu a služeb EU,

Ministerstvo průmyslu a obchodu

Na Františku 32 CZ - 11015 Praha 1,

[email protected]

Denmark

Danish Business Authority

(Internal Market Centre),

Langelinie Allé 17 DK - 2100 Copenhagen,

[email protected]

Germany

Bundesministerium für Wirtschaft und Technologie,

Scharnhorststr. 34-37, DE - 10115 Berlin,

[email protected]

Spain

Ministerio de Asuntos Exteriores y de Cooperación,

Serrano Galvache 26, ES - 28033 Madrid,

[email protected]

Italy

Presidenza Consiglio Ministri,

Dipartimento Politiche Comunitarie,

Piazza Nicosia 20 IT - 00186 Roma,

[email protected]

Continuation of Table 4

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

mailto:[email protected]





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MS of EU SOLVIT Centre

Netherland

Ministerie van Economische Zaken, Landbouw en

Innovatie, Bezuidenhoutseweg 30, Postbus 20101,

NL - 2500 EC Den Haag,

[email protected]

Austria

Bundesministerium für Wirtschaft, Familie und Jugend,

SOLVIT Center, Abteilung C1/2,

Stubenring 1, AT - 1010 Wien,

[email protected]

Portugal

Ministério dos Negócios Estrangeiros,

Direcção Geral dos Assuntos Europeus Serviço do

Mercado Interno, [email protected]

Romania

Ministerul Afacerilor Externe, Guvernul României,

Bvd. Aviatorilor nr. 50A, Sector 1, Bucureşti 011854,

[email protected]

4. EXERCISE OF THE VEHICLE INSPECTOR

PROFESSION IN EU

In MS of EU comparatively analyzed in this guide, the vehicle

inspectors can not exercise the activity as freelancers, only as employees

in the authorized stations for the periodical inspections performance.






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During the exercise of the vehicle inspector profession in MS of EU

presented in this guide, the persons shall be subject to the professional

norms in that country having the same rights and obligations as the

citizens of the host country.

To exercise the vehicle inspector profession in EU, there are no requests

related to citizenship or the applicant residence.

The competent authorities in the country in which a person wishes to

perform services request that at the first movement to be informed in

this regard by a statement that includes the information related to the

insurance coverage or other means of personal or collective protection

with respect to the professional responsibility. This statement is

annually renewed.

If there are changes in the personal situation, according to which the

conditions to grant the vehicle inspector certificate are no longer

fulfilled, the persons in question are obliged to announce the competent

authority.

At European level there isn’t a professional association to promote the

rights and obligations of vehicle inspectors and no directive to regulate

their professional training.

4.1. Exercise of the vehicle inspector profession in Czech Republic


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To maintain the validity of the certificates obtained by the vehicle

instructors, they must have basic and perfecting courses held in

institutions authorized by the Ministry of Transport in Czech Republic.

The schedualling for participation to these courses is done 3 months in

advance. The period in which these courses shall take place is published

on the site of the institutions.

The Czech Legislation regarding the procedures for the performance of

common technical inspection, periodical technical inspection of the

vehicles and of the characteristic issues of operation for the vehicles of

type K includes:

- Law no. 56/2001 Coll., Operation of vehicles on the road,

with further amendments,

- Decree no. 302/2001 Coll. Adequate operation of vehicles

with emissions;

- Decree no. 341/2002 Coll., Approval of the technical

competence and technical conditions for the operation of

vehicles on the road, with further amendments;

- Law no. 111/1994 regarding the road transport, with further

amendments,

- Decree no. 478/2000 Coll. regarding the implementation of

the law regarding the road transport, Art. 3.

The professional competence certificate of the vehicle inspectors issued

by the Czech regional authority in whose administrative district shall


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perform his professional activity the technical inspection station

operator.

There is no mandatory registration of the vehicle inspector in a

professional specialty organization or in another body with the

supervisory role of the professional activity.

In Czech Republic is not imposed the registration in advance in a

register or requests related to citizenship or to the applicant residence.

4.2. Exercise of the vehicle inspector profession in Netherland

In order to maintain the right to exercise the profession, the vehicle

inspectors in Netherland must attend some perfecting courses organized

at Innovam Groep (by the Examination and certification institute –

IBKI) who has the task of monitoring their activity during the validity of

the professional competence certificate.

The recertification procedure of the vehicle inspector provides the

examination only in Dutch language and, thus, a person who wishes to

recognize the qualification obtained in another MS of EU must prove

the linguistic competences (in writing and in speaking).

Even in Netherland there are no requests for an advance registration in a

register or requests related to citizenship or applicant residence.

4.3. Exercise the vehicle inspector profession in Romania


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The supervision of the technical inspectors activity and the

administrative penalties of those that are guilty about the possible

deviations at the workplace is the responsibility of RAR and the

management of the station authorized for the periodical technical

inspections of the vehicles.

During the validity of the certification of the attestation may be annualy

organized by RAR improvement courses of the professional training for

the technical inspectors, bu they are not compulsory as in the case of the

other MS of EU previously presented.

The certificated person shall receive from RAR a personalized stamp for

the respective Inspection Station that shall be used in his activity as a

technical inspector. The stamp shall be withdrown by RAR at the

expiration of the attestation certificate validity, at its cancellation or at

the termination of the activity in that station. As for the transfer to

another inspection station owned by another legal person, shall be given

by RAR a new stamp, according to a request made by the authorized

person. Technical inspectors can not have and use in the same period

of time but only one stamp.

Recertification of technical inspectors is granted in the same conditions

as the certfication. The technical inspector who has the driving licence

cancelled loses his right to do inspections. If a person has her attestation

certificate cancelled a second time, she doesn’t have the right to do


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periodical technical inspections for a period of 2 years. The cancellation

of the attestation certification of the technical inspectors is done by

RAR.

The Order that regulates the certification of the vehicle inspectors

(OMTCT 2133/2005) stipulates the deviations from the requests to

perform the activity as well as the conditions in which the attestation

certificate is cancelled.

The certification/recertification procedure of the vehicle inspector

provides an examination only in Romanian language, by imposing to

nationals to know the language (written and speaking level).

The right to exercise the profession is granted on a limited period of

time (2 years) as long as the vehicle inspector certificate is valid.

The same as for the Czech Republic and Netherland too must be

highlighted the fact that there are no requests for a registration in

advance in a register in Romania and no requests related to citizenship

or to applicant residence.

The Regulation OMTCT 2133/2005 does not contain distinct

stipulations for the access to exercise the activities of occasional and

temporary type.


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CONCLUSIONS

The recognition of the vehicle inspector profession in most of MS

of EU where this profession is regulated is done according to the

recognition general system (at the first application) and/or by

proving the professional experience in the activity of technical

inspection of vehicles (heavy, light). The only country in EU in

which the recognition of the vehicle inspector profession is automatic,

after the applicant proves the professional experience, is France.

From the point of view of the activity regulation of periodic technical

inspections of vehicles (heavy and/or light) are distinguished different

levels of qualifications (and also initial trainings) imposed in MS of EU

(table 5) for the profession of vehicle inspector.

Table 5. Level of initial training of the vehicle inspector

Country Initial training Level of qualification

Czech Republic Secondary Education Competence Certificate

Art.11b

Netherland Secondary Education Competence Certificate

Art. 11a

Romania Secondary Education

or

High education

Competence Certificate

Art. 11a


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This irregularity of the qualification level is possibile due to the fact that

there is no European legislation (eg. directive) to stipulate the

harmonization of the training in this activity field.

Due to this, each Competent Authority is forced to take its own

decisions for the recognition of this qualification according to the

internal legislation (by imposing some adaptation steps, capacity tests

etc.).

The experience in the vehicle maintenance activity and/or vehicles

repairs is imposed as an access condition for the vehicle inspector

training in most of MS of EU.

The documents from the file made for the enrollment at the training

courses, as well as those necessary for the participaton at the

examination to get the professional competence certificate are mostly

the same as in the countries analyzed in this guide.

The professional competence certificates of the vehicle inspectors have

a limited validity.

In most MS of EU is imposed the continuous professional training to

maintain the right to exercise the profession of vehicle inspector.

The registration in professional associations is not compulsory in all MS

of EU: in Netherland the vehicle inspector must be part of a professional

organization Innovam Groep, in Romania and Czech Republic are not


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required professional affiliations to condition the exercise of the

profession.

In all countries analyzed in this guide the Competent Authorities impose

a tax for the examination of the applicants in order to get the certificate

as vehicle inspector.

The vehicle inspectors can exercise the professional activity as person

employed at authorized stations for the periodical technical inspections

performance, this profession can not be practiced as vehicle inspector as

a freelancer.

Romania together with Czech Republic, Netherland, Slovakia, Poland,

France etc. is framed among the countries in which the vehicles technical

inspection is regulated as a distinct profession.

BIBLIOGRAPHY

1. Directive 2005/36/CE of European Parliament and of the

Council from 7 septeber 2005, regarding the recognition of the

professional qualifications, JO L 255, 30.09.2005, p. 22 - 123;

2. Law no. 200/2004, regarding the recognition of the diplomas

and of the professional qualifications for the professions

regulated in Romania, Official Gazette of Romania, I Part, no.

500 from 3 June 2004;

3. Order of the Minister of Transports, Constructions and Turism

no. 2.133 from 8 december 2005 for the approval of the


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Regulations regarding the certification of the classinfication of

the road vehicles registered in the technical norms regarding the

road safety, the environment protection and in the category of

use according to the destination, by periodic technical

inspection - RNTR 1, Published in the Official Gazette, I Part,

no. 1160 from 21 december 2005, with further amendments and

addenda;

4. DG Internal Market and Services - Study to provide an

Inventory of Reserves of the Activities linked to professional

qualifications requirements in 13 EU Member States &

assessing their economic impact, Final report Ja. 2012, at

http://ec.europa.eu/internal_market/qualifications/docs/news/20

120214-report_en.pdf

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

6. www.nuffic.nl/en/diploma-recognition/professional-recognition

7. http://www.mdcr.cz/

8. http://uok.msmt.cz/uok/ru_detail.php?id=570&dl=en&flet=&for

g=0&ftype=0&fpg=18&ftxt

9. http://uok.msmt.cz/uok/ru_detail.php?id=571&dl=en&flet=&for

g=0&ftype=0&fpg=18&ftxt

10. http://www.ibki.nl/

11. https://zoek.officielebekendmakingen.nl/kst-32316-3.html

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

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

http://www.nuffic.nl/en/diploma-recognition/professional-recognition

http://www.mdcr.cz/

http://uok.msmt.cz/uok/ru_detail.php?id=570&dl=en&flet=&forg=0&ftype=0&fpg=18&ftxt

http://uok.msmt.cz/uok/ru_detail.php?id=570&dl=en&flet=&forg=0&ftype=0&fpg=18&ftxt


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APPENDIX

APPLICATION FORM

regarding the recognition for the professional qualifications

in Czech Republic9)

Name of activity: ……………….…………..................................

I intend to practice the activity regulated in this form:10)

as an employee or in analogical relationship

as a salesman under the supervision of an owner

as commercial contractor

as a freelancer

Is the activity regulated in the origin member state /the member state

where you come from:

yes

no

Information about the candidate:

Name: ………………………………...…………………….…

Surname: …………………..…………………………………………

Sex:1)

male - female

Date of birth: ………..……………………………………………

Place of birth (country/city): ……………………………….........….

Nationality (ties): …...…………………………………………….

Fixed residence: …………...……………………………..…….…..

9 Cancel if necessary.

10 Mark the correct information in the box.


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Mailing residence:11

……………...……........

Telephone: …………………………………………..………….….

Mobile: …….……………………………......…………….…

Fax: ………………………...………………………………….…....

E-mail: ……………………………………………………….........…

Personal data about a family member of a candidate:12

Family relationships of the candidate: ………………………………...

Name: …………………………………………………………....

Surname: …..…………………………………………………………...

Sex:

male - female

Date of birth: ………..……………………………………………….

Place of birth (country and city): …………………………..……..…….

Nationality (ties): …...………………………………………….…...

Information about an authorized representative of the applicant:13

Name: ….…...…………………………………………….….…..

Surname: …..……………………………………………………….…...

Fixed residence:……………………..……………………………....….

Telephone: ……..……………………………………………….......

Mobile: ……………….………………………………………

Fax: …………………………………………………………………

11

Fill in if it is different than the fixed residence. 12

Fill in only if a candidate is not part of EU or a country in the Economic

European space or Switzerland, but is a relative of a EU member or a country

from the Economic European space or Switerland 13

Fill in only if the applicant is a represented by another person under the

power of a lawyer.


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E-mail: ………………………………………………………………

Information about the professional qualifications (diploma, certificate or

other document):

Type of diploma, certificate or other document:14

………………….....

Number of diploma, certificate or document: ……………......

The issuance/Edition, diploma, certificate or document:……….

Name, address and country of the institution:……………………………

……………..…………………………………………………………

Duration of studies: ……………. months – years

Information related to professional experience –following previous

profession or activity in question by the candidate:2)

no

yes

in subordinate position:

full time: from …..to…; in total...months) –years

1)

part-time: from ....to…; in total...months

) –years

1)

in an independent or leading position: from … to…;

in total... months1)

– years1)

Name, address and country of a (an) employer (s):

..…...…...……….......…

Proves attached by the canditate at the application form:

A. Documents that certify the identity of the candidate:

14

Diploma, certificates or other document obtained after attending and

finishing an education cycle (universitary, secondary education) and training.


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identity card

documents that prove the nationality

represented by a lawyer

B Documents that certify the professional qualifications:

diploma, certificate or other document

description of the content and purpose of education

proves regarding the professional experience

certificate for profesional qualifications issued by a competent

authority in the origin member state/in the member state where the

candidate comes from15

C. Documents that certify other competences:

clean criminal record or

document that certifies that the applicant hasn’t been declared in

bankrupt, or

document that certifies that the applicant didn’t practice the activity in

a responsible way as an authorized agent or as a statutory body or as a

member of the statutory body, or as a body of a legal entity regarding

his property, with the bankruptcy petition filled in or

document that certifies that the applicant wasn’t the subject of some

disciplinary or administrative sanctions, or

15

Proves are necessay only if the activity is regulated in the origin member

state /in the member state where the candidate comes from


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EUROPEAN UNION


PROTECTION AMPOSDRU


POS DRU 2007- 2013


52

document that certifies the applicant has a good physical and

psychical health, or

document that certifies the efficiency of the financial administration

of the candidate, or

document that certifies the insurance of the applicant against the

financial consequencies of the professional deficiencies

On the ……. day……

………………………

Signature of the candidate

Information for the candidates:

An identity card, the prove of nationality, the professional qualification

and other competences are necessary in original or copy.

The prove of the professional qualifications and other competences must

be translated in Czech language if they are not issued in Czech Republic

or if the international treaty, that Czech Republic is bound, doesn’t

mention different conditions.

The proves of the other attached competences, except those that certify

the efficiency of the financial administration, can not be older than 3

months.

Under current legislation, meaning Act No. 634/2004 Coll. In the taxes

administration, an administrative tax of CZK 2000 is collected for the

recognition of the professional qualification. If there is another

recognition authority e.g. training room, an internal rule of this room

establishes the amount of fees.