Statutory Instruments
PROFESSIONAL QUALIFICATIONS
Made
22nd March 2005
Laid before Parliament
6th April 2005
Coming into force
29th April 2005
The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations, in exercise of the powers conferred on her by that section, hereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2005.
(2) These Regulations shall come into force on 29th April 2005.
2. The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 (“the 2002 Regulations”)(3) shall be amended as set out in the Schedule.
Kim Howells
Minister of State
Department for Education and Skills
22nd March 2005
Regulation 2
1. The 2002 Regulations shall be amended as follows.
2. Under Schedule 1, in the Table in Part 2 (“Directives concerning freedom of establishment and freedom to provide services or transitional measures in respect of activities”), omit the entry relating to Directive 77/92/EEC(4).
3. Under Schedule 2 in the Table in Part I (“Professions regulated by law or public authority”),
(a)omit the entry relating to Qualified Conveyancer (Scotland) and Executry Practitioner(5);
(b)after the entry relating to Licensed Cab Driver (London), insert–
| Profession | Designated Authority |
|---|---|
| Childminder (England)(6) | Her Majesty’s Chief Inspector of Schools in England |
(c)after the entry relating to Department of the Environment Approved Driving Instructor insert–
| Door Supervisor (England and Wales)(7) | Security Industry Authority |
(d)after the entry relating to Nurse, insert–
| Operating Department Practitioner(8) | The Health Professions Council |
(e)for the entry relating to State Registered Paramedic, substitute–
| Paramedic(9) | The Health Professions Council |
(f)after the entry relating to State Registered Paramedic, insert–
4. In Schedule 3 (Appeal Bodies) omit the entry relating to Qualified Conveyancer (Scotland) (12).
5. In Schedule 3 (Appeal Bodies) after the entry for Approved Driving Instructor (Great Britain) insert–
6. In Schedule 6, Part 1,
(a)Under the heading “1. Paramedical and childcare training courses, Training for the following:”, the following is inserted before the entry for Germany:
“In the Czech Republic
health care assistant (“Zdravotnický asistent”),
which represents education of a total duration of at least 13 years, comprising at last 8 years of elementary education and 4 years of vocational secondary education at a secondary medical school, completed by the “maturitní zkouška” exam.
nutrition assistant (“Nutriční asistent”),
which represents education of a total duration of at least 13 years, comprising of at least 8 years of elementary education and 4 years of vocational secondary education at a secondary medical school, completed by the “maturitní zkouška” exam.”,
and, between the entries for Italy and Luxembourg:
“In Cyprus
dental technician (“δdοντοτεχνίτης”),
which represents education of a total duration of at least 14 years, comprising at least 6 years of elementary education, 6 years of secondary education and 2 years of post secondary vocational education, followed by 1 year of professional experience.
optician (“τεχνικός οφτικός”),
which represents education of a total duration of at least 14 years, comprising at least 6 years of elementary education, 6 years of secondary education and 2 years of post-secondary education, followed by 1 year of professional experience.
In Latvia :
dental nurse (“zobārstniecības māsa”)
which represents education of a total duration of at least 13 years, comprising at least 10 years of general school education and 2 years of professional education in medical school, followed by 3 years of professional experience at the end of which a certification exam must be passed to obtain a certificate in the speciality.
biomedical laboratory assistant (“biomedicīnas laborants”),
which represents education of a total duration of at least 12 years, comprising at least 10 years of general school education and 2 years of professional education in medical school, followed by 2 years of professional experience at the end of which a certification exam must be passed to obtain a certificate in the speciality.
dental technician (“zobu tehniķis”),
which represents education of a total duration of at least 12 years, comprising at least 10 years of general school education and 2 years of professional education in medical school, followed by 2 years of professional experience at the end of which a certification exam must be passed to obtain a certificate in the speciality.
physiotherapist’s assistant (“fizioterapeita asistents”),
which represents education of a total duration of at least 13 years, comprising at least 10 years of general school education and 3 years of professional education in medical school, followed by 2 years of professional experience at the end of which a certification exam must be passed to obtain a certificate in the speciality.”,
and, after the entry for Austria
“In Slovakia :
teacher in the field of dance at basic schools of art (“učitel’ v tanečnom odbore na základných umeleckých školách”),
which represents education of a total duration of at least 14.5 years, comprising 8 years of basic education, 4 years of education at the secondary specialised school and a 5 semester course of dance pedagogy.
educator at special educating facilities and at social service facilities (“vychovávatel’ v špeciálnych výchovných zariadeniach v zariadeniach sociálnych služieb”)
which represents education of a total duration of at least 14 years, comprising 8/9 years of basic education, 4 years of study at secondary pedagogical school or at another secondary school and 2 years of supplementary part-time pedagogical study.”
(b)Under the heading “2. Master craftsman sector (Master/Meister/Maître), which represents education and training courses concerning skills not covered by the Directives listed in Annex A”, the following is added:
“In Poland :
teacher for practical vocational training (“Nauczyciel praktycznej nauki zawodu”),
which represents education of a duration of:
either, 8 years of elementary education and 5 years of vocational secondary education or equivalent secondary education in a relevant field followed by the course in pedagogy of a total duration of at least 150 hours, the course in work safety and work hygiene, and 2 years of professional experience in the profession one is going to teach,
or, 8 years of elementary education and 5 years of vocational secondary education and diploma of graduation from a post-secondary pedagogical technical school,
or, 8 years of elementary education and 2-3 years of basic vocational secondary education and at least 3 years of professional experience certified by a degree of master in the particular profession followed by a course in pedagogy of a total duration of at least 150 hours.
In Slovakia :
master in vocational education (“majster odbornej výchovy”),
which represents education of a total duration of at least 12 years, comprising 8 years of basic education, 4 years of vocational education (complete vocational secondary education and/or apprenticeship in the relevant (similar) vocational training or apprenticeship course), professional experience of a total duration of at least 3 years in the field of the person’s completed education or apprenticeship and supplementary pedagogical study at the faculty of pedagogy or at the technical universities, or complete secondary education and apprenticeship in the relevant (similar) vocational training or apprenticeship course, professional experience of a total duration of at least 3 years in the field of the person’s completed education or apprenticeship and additional study of pedagogy at the faculty of pedagogy, or by 1 September 2005 specialised education in the field of special pedagogy provided for in the methodology centres for masters in vocational education at the special schools without supplementary pedagogical study.”,
(c)Under the heading “3. Seafaring sector, Training for the following: a) Sea transport”, the following is added before the entry for Denmark:
“In the Czech Republic :
deck assistant (“Palubní asistent”)
officer in charge of navigational watch (“Námořní poručík”)
chief mate (“První palubní důstojík”)
master (“Kapitán”)
engine assistant (“Strojní asistent”)
officer in charge of an engineering watch (“Strojní důstojník”)
second engineer officer (“Druhỳ strojní důstojník”)
chief engineer officer (“První strojní důstojník”)
electrician (“Elektrotechnik”)
chief electric officer (“Elektrodůstojník”)”.
(d)Under heading “3. Seafaring sector, Training for the following: a) Sea transport” the following to be added between the entries for Italy and the Netherlands:
“In Latvia :
electrical engineer officer on ships (“Kuǵu elektromehāniķis”)
operator of refrigeration machinery (“Kuǵa saladēšanas iekārtu mašīnists”).”
(e)Under heading “3. Seafaring sector, Training for the following: a) Sea transport” the following is added after “which represents training” and before the entry for Denmark:
“—In the Czech Republic :
for deck assistant (“Palubní asistent”),
a person not less than 20 years of age.
maritime academy or maritime college – department of navigation, both courses having to be completed by the “maturitní zkouška” exam, and approved seagoing service of not less than six months on ships during studies, or
approved seagoing service of not less than two years as rating forming part of a navigational watch at the support level on ships, and completion of an approved course which meets the standard of competence specified in section A-II/1 of the STCW (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers) Code dispensed by a maritime academy or college of a Party to the STCW Convention, and passing the examination before the Examining Board recognised by the MTC (Maritime Transport Committee of the Czech Republic).
for officer in charge of navigational watch (“Námořní poručík”),
approved seagoing service in the capacity of deck assistant on ships of 500 gross tonnage or more for not less than six months in the case of a graduate of a maritime college or academy, or one year in the case of a graduate of an approved course, including not less than six months in the capacity of a rating forming a part of a navigational watch.
duly completed and endorsed On Board Training Record Book for Deck Cadets.
for chief mate (“První palubní důstojník”),
Certificate of competence of officer in charge of a navigational watch on ships of 500 gross tonnage or more and not less than twelve months of approved seagoing service in that capacity.
for master (“Kapitán”),
Certificate for service as master on ships of between 500 and 3000 gross tonnage. Certificate of competence of chief mate on ships of 3000 gross tonnage or more and not less than 6 months of approved seagoing service in the capacity of chief mate on ships of 500 gross tonnage or more and not less than 6 months of approved seagoing service in the capacity of chief mate on ships of 3000 gross tonnage or more.
for engine assistant (“Strojní asistent”)
a person not less than 20 years of age.
maritime academy or maritime college – department of maritime engineering, and approved seagoing service of not less than six months on ships during the studies.
for officer in charge of an engineering watch (“Strojní důstojník”),
Approved seagoing service in the capacity of engine assistant of not less than 6 months as a graduate from a maritime academy or college.
for second engineer officer (“Druhỳ strojní důstojník”)
Approved seagoing service of not less than 12 months in the capacity of 3rd engineer officer on ships powered by main propulsion machinery of 750 kW propulsion power and more.
for chief engineer officer (“První strojní důstojník”),
Appropriate certificate for service as second engineer officer on ships powered by main propulsion machinery of 3000 kW propulsion power or more and having not less than 6 months of approved seagoing service in that capacity.
electrician (“Elektrotechnik”),
a person of not less than 18 years of age.
maritime or other academy, faculty of electrical engineering, or technical school or college of electrotechnical engineering, all courses having to be completed by the “maturitní zkouška” exam, and not less than 12 months of approved practice in the field of electrical engineering.
chief electric officer (“Elektrodůstojník”),
maritime academy or college, faculty of maritime electrical engineering or other academy or secondary school in the field of electrical engineering, all courses having to be completed by the “maturitní zkouška” or a state exam.
approved seagoing service in the capacity of electrician for a period of not less than 12 months in the case of a graduate of an academy or college, or 24 months in the case of a graduate of a secondary school”.
(f)Under heading “3. Seafaring sector, Training for the following: a) Sea transport” the following is added after “which represents training” and between the entries for Italy and the Netherlands.
“—In Latvia :
for electrical engineer officer on ships (“kuǵu elektromehāniķis”),
a person not less than 18 years of age.
represents an education of a total duration of at least 12 years and 6 months, comprising of at least 9 years of elementary education and at least 3 years of vocational education. In addition seagoing service of not less than 6 months as an ship’s electrician or as assistant to the electrical engineer on ships with generator power more than 750kW is required. Vocational training is completed by a special examination by the competent authority in accordance with the training programme as approved by the Ministry of Transport.
for operator of refrigeration machinery (“kuǵa saldēšanas iekārtu mašīnists”),
a person of not less than 18 years of age.
represents an education of a total duration of at least 13 years, comprising at least 9 years of elementary education and at least 3 years of vocational education. In addition seagoing service of not less than 12 months as assistant to the refrigeration engineer is required. Vocational training is completed by a special examination by the competent authority in accordance with the training programme as approved by the Ministry of Transport.”
(g)Under heading “4. Technical sector, Training for the following:”, the following is inserted before the entry for Italy:
“In the Czech Republic :
authorised technician, authorised builder (“autorizovaný technik, autorizovaný stavitel”),
which represents vocational training of a duration of at least 9 years, comprising 4 years of technical secondary education, completed by the “maturitní zkouška” (secondary technical school exam), 5 years of professional experience and concluded by the professional qualification test for pursuit of selected professional activities in construction (pursuant to Act No 50/1976 Sb. (the Building Act) and Act No 360/1992 Sb.).
track vehicle driver (“Fyzická osoba řídící drážní vozidlo”),
which represents education of a total duration of at least 12 years, comprising at least 8 years of elementary education and at least 4 years of vocational secondary education completed by the “maturitní zkouška” exam and concluded by the state exam on the motive power of vehicles.
track revision technician (“Drážní revizní technik”),
which represents education of a total duration of at least 12 years, comprising at least 8 years of elementary education and at least 4 years of vocational secondary education at a secondary machinery or electronics school completed by the “maturitní zkouška” exam.
road driving instructor (“Učitel autoškoly”)
a person not less than 24 years of age; represents education of a total duration of at least 12 years, at least 8 years of elementary education and at least 4 years of vocational secondary education focused on traffic or machinery completed by the “maturitní zkouška” exam.
State technician for the control of motor vehicle roadworthiness (“Kontrolní technik STK”),
a person not less that 21 years of age; represents education of a total duration of at least 12 years, comprising at least 8 years of elementary education and at least 4 years of vocational secondary education completed by the “maturitní zkouška” exam, followed by at least 2 years of technical practice; the person concerned must have a driving licence and a clean criminal record and must have completed the special training for State technicians of at least 120 hours' duration as well as successfully passing the exam.
mechanic for control of car emissions (“Mechanik mêření emisí”),
which represents education of a total duration of at least 12 years, comprising at least 8 years of elementary education and at least 4 years of vocational secondary education completed by the “maturitní zkouška” exam; furthermore an applicant has to complete at least 3 years' technical practice and the special training for “mechanic for the control of car emissions” of 8 hours' duration as well as successfully passing the exam.
boat master Class I (“Kaptitán I. třídy”)
which represents education of a total duration of at least 15 years, comprising of 8 years of elementary education and 3 years of vocational education completed by the “maturitní zkouška” exam and culminating in an examination confirmed by a certificate of aptitude. This vocational education has to be followed by 4 years' vocational practice completed by an exam.
restorer of monuments that are works of art crafts (“restaurátor památek, které jsou díly uměleckých řemesel”),
which represents education of a total duration of 12 years if involving full secondary technical education in the restoration course, or 10 to 12 years of study in a related course, plus 5 years of professional experience in the case of full secondary technical education completed by the “maturitní zkouška” exam, or 8 years of professional experience in the case of secondary technical education ending with the final apprenticeship exam.
restorer of works of art that are not monuments and are held in the collections of museums and galleries, and of other objects of cultural value (“restaurátor dêl výtvarných umění, která nejsou památkami a jsou uložena ve sbírkách muzeí a galerii, a ostatních předmětů kulturní hodnoty”),
which represents education of a total duration of 12 years plus 5 years of profession experience in the case of full secondary technical education in the restoration course completed by the “maturitní zkouška” exam.
waste manager (“odpadový hospodář”)
which represents education of a total duration of at least 12 years, comprising at least 8 years elementary education and at least 4 years of secondary vocational education completed by the “maturitní zkouška” exam and a minimum of 5 years of experience in the waste management sector within the last 10 years.
blasting technical manager (“Technický vedoucí odstřelů”)
which represents education of a total duration of at least 12 years, comprising at least 8 years of elementary education and at least 4 years of vocational secondary education completed by the “maturitní zkouška” exam,
and followed by:
2 years as a shotfirer underground (for underground activity) or 1 year on surface (for surface activity); including 6 months as an assistant shotfirer;
training course of 100 hours of theoretical and practical training followed by an examination before the relevant District Mining Authority;
professional experience of 6 months or more in planning and carrying out major blasting works;
training course of 32 hours of theoretical and practical training followed by an examination before the Czech Mining Authority;”
and, between entries for Italy and the Netherlands:
“In Latvia:
engine-railway sector driver’s assistant (“vilces līdzekļa vadītāja (mašīnista) palīgs”),
a person not less than 18 years of age
represents education of a total duration of at least 12 years, comprising at least 8 years of elementary education and at least 4 years of vocational education; vocational training completed by the employer’s special examination; certificate of competence issued by a competent authority for 5 years.”
and, after the entries for Austria:
“In Poland :
diagnostician executing motor vehicle roadworthiness tests at a vehicle control station at a basic level (“Diagnosta przeprowadzający badania techniczne w stacji kontroli pojazdów o podstawowym zakresie badan”)
which represents 8 years of elementary education and 5 years of secondary technical education in the field of motor vehicles and 3 years' practice in a vehicle service station or in a garage, covering 51 hours of basic training in controlling motor vehicle roadworthiness and passing the qualification examination.
diagnostician executing motor vehicle road worthiness tests at a district vehicle control station (“Diagnosta przeprowadzający badania techniczne pojazdu w okręgowej stacji kontoli pojazdów”),
which represents 8 years of elementary education and 5 years of technical secondary education in the field of motor vehicles and 4 years' practice in a vehicle service station or in a garage, covering 51 hours of basic training in controlling motor vehicle roadworthiness and passing the qualification examination,
diagnostician executing motor vehicle roadworthiness tests at a vehicle control station (“Diagnosta wykonujący badania techniczne pojazdów w stacji kontroli pojazdów”),
which represents:
8 years of elementary education and 5 years of secondary technical education in the field of motor vehicles and 4 years' proven practice in a vehicle service station or a garage, or
8 years of elementary education and 5 years of secondary technical education in a field other than motor vehicle specialisation and 8 years' proven practice in a vehicle service station or a garage,
covering a total of 113 hours of complete training including basic and specialist training, with exams after every stage.
The duration in hours and the general scope of the particular courses in the framework of the complete training for the diagnostician, are separately specified in the Minister of Infrastructure’s Regulation of 28 November 2002 on detailed requirements regarding diagnosticians (OJ of 2002, No.208, item 1769).
train dispatcher (“Dyżurny ruchu”),
which represents 8 years of elementary education and 4 years of secondary vocational education, with rail transport specialisation, as well as a course preparing for work as a train dispatcher of 45 days and passing the qualification examination, or
which represents 8 years of elementary education and 5 years of secondary vocational education with rail transport specialisation, as well as a course preparing for work as a train dispatcher of 63 days and passing the qualification examination.”
7. In Schedule 6, Part 1, (“Courses referable to the practice of a profession in another relevant state”)
(a)Under heading “1. Paramedical and childcare training courses” the text is amended as follows:
(i)under the subheading “In Germany”, the indent “-occupational therapist (“Beschäftigungs-und Arbeitsthera-peut(in)”)” is replaced by “-occupational therapist/erogtherapist (“Beschäftigungs- und Arbeitstherapeut/Ergotherapeut(in)”)”;
(ii)under the subheading “In Italy”, the indent “-chiropodist (“podologo”)” is deleted.
(b)Under heading 4, “Technical sector”, the text under the subheading “In Austria” is amended as follows:
(i)the following indents are added:
“commercial bookkeeper (“Gewerblicher Buchhalter”), in accordance with the Trades, Crafts and Industry Act 1994 (Gewerbeordnung 1994),”
“independent bookkeeper (“Selbständiger Buchhalter”), in accordance with the Act on Professions in the Field of Public Accountancy 1999 (Bundesgesetz über die Wirtschaftstreuhandberufe 1999).”
(ii)the indent “- advertising and promotion agent (“Werbeagentur”)” is deleted.
8. In Schedule 6, Part 2, “Courses referable to the practice of a profession in the United Kingdom” under heading 5, “United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications”, in the text under “Training for”, the following indent is added:
“listed veterinary nurse”.
(This note is not part of the Regulations)
These Regulations amend the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 (“the 2002 Regulations”) (S.I.2002/2934). The 2002 Regulations give effect in the United Kingdom to Council Directive 92/51/EEC (O.J. No. L209, 24.7.92, p.25) on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC (O.J.No.L19, 24.1.89, p.16), as amended.
The amendments have four purposes:
First, they give effect in the United Kingdom to the list in Annex II (Permanent provisions, amendments to secondary law) under “2. Freedom of movement for persons”, sub paragraph , “C. Mutual Recognition of Professional Qualifications, I. General System” referred to in Article 20 of the Accession Treaty dated 16th April, 2003 (O.J. L236, 23.9.03, p.33), by way of amending Schedule 6, Part 1 of the 2002 Regulations.
Second, they also give effect in the United Kingdom to Commission Decision 2004/108/EC of 28th January 2004 (O.J.No.L.32, 5.2.04, p.15) which amends Annex C to Council Directive 92/51/EEC, by way of amending Schedule 6, Part 1 and 2 of the 2002 Regulations.
Thirdly, they give effect in the United Kingdom to the repeal of Directive 77/92/EEC, to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of insurance agents and brokers, by Council Directive 2002/92/EC, by way of omitting the entry for Directive 77/92/EEC in Schedule l, Part 2.
Finally, they update and reflect changes in regulated professions in the United Kingdom by including additional regulated professions and their designated authorities, removing and amending the name of regulated professions, as well as removing and adding entries in relation to appeal bodies, by way of amending Schedule 2, Part 1 and Schedule 3.
A Transposition Note is available and can be obtained from the Department for Education and Skills, Vocational and 14-19 Reform Division, Moorfoot, Sheffield S1 4PQ.
The European Communities (Designation) Order 2002, S.I. 2002/248. Under section 57 of the Scotland Act (1998 c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in relation to devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by her as regards Scotland.
1972 c. 68. By virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the European Economic Area Act 1993(c. 51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area dated 2nd May 1992 (Cm 2073) as adjusted by the Protocol dated 17th March 1993 (Cm 2183) and the EEA Enlargement Agreement dated 14th October 2003 (Cm 6171). The EEA Enlargement Agreement is to be regarded as a Community Treaty under section 1(2) of the European Communities Act 1972 by the European Communities (Definition of Treaties)(Agreement on Enlargement of the European Economic Area) Order made on 10th June 2004 (S.I. 2004/1499). This came into force on 1st May 2004 on the same day as the Treaty concerning the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union signed in Athens on 16th April 2003 (“the Accession Treaty”). The European Union (Accession) Act 2003 (C.35) gives effect to the Accession Treaty in the United Kingdom by amending section 1(2) of the European Communities Act 1972. By virtue of the European Communities (Definition of Treaties)(Agreement between the European Community and its Member States and the Swiss Confederation on the Free Movement of Persons) Order 2000 (S.I.2000/3269) the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons, dated 21st June 1999 (Cm 5639) is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
Council Directive 2002/92/EC (O.J.L.009, 15.1.2003, p.3).
Part XA Children Act 1989 (c. 41).
Private Security Industry Act 2001(c. 12).
The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 (S.I. 2004/2033).
The Health Professions Order 2001 (S.I.2003/1590).
Care Standards Act 2000 (c. 14).
Care Standards Act 2000 (c. 14).
Part XA Children Act 1989 (c. 41).
Care Standards Act 2000 (c. 14).
Care Standards Act 2000 (c. 14).