The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996

• In Germany captain, large coastal vessel (Kapitän AM'), captain, coastal vessel (Kapitän AK'), deck officer, large coastal vessel (Nautischer Schiffsoffizier AMW'), deck officer, coastal vessel (Nautischer Schiffsoffizier AKW'), chief engineer, grade C (Schiffsbetriebstechniker CT—Leiter von Maschinenanlagen'), ship’s mechanic, grade C (Schiffsmaschinist CMa—Leiter von Maschinenanlagen'), ship’s engineer, grade C (Schiffsbetriebstechniker CTW'), ship’s mechanic, grade C—solo engineer officer (Schiffsmaschinist CMaW—Technis cher Alleinoffizier').

• In Italy: deck officer (ufficiale di coperta'), engineer officer (ufficiale di macchina').

• In the Netherlands: first mate (coastal vessel) (with supplementary training) [stuurman kleine handelsvaart (met aanvulling)'], coaster engineer (with diploma) (diploma motordrijver'), VTS-official (“VTS-functionaris”) which represents training: in Denmark, of nine years' primary schooling followed by a course of basic training and/or service at sea of between 17 and 36 months, supplemented by: for the deck officer, one year of specialised vocational training, for the others, three years of specialised vocational training, in Germany, of a total duration of between 14 and 18 years, including a three-year course of basic vocational training and one year’s service at sea, followed by one or two years of specialised vocational training supplemented, where appropriate, by two year’s work experience in navigation, in Italy, of a total duration of 13 years, of which at least five years consist of professional training culminating in an examination, and are supplemented, where appropriate, by a traineeship, in the Netherlands: for the first mate (coaster vessel) (with supplementary training (“stuurman keline handelsvaart (met aanvulling)”), and coaster engineer (with diploma) (“diploma motordrijver”), involving a course of 14 years, at least two years of which takes place in a specialised vocational training establishment, supplemented by a twelve month traineeship, for the VTS-official (“VTS-functoinaris”) of a total duration of at least 15 years, comprising at least three years of Higher Vocational Education (“HBO”) or Intermediate Vocational Training (“MBO”), which are followed by national and regional specialisation courses, comprising at least 12 weeks of theoretical training each and culminating each in an examination, and which are recognised under the International STCW Convention (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978). In Iceland: ship’s captain (“skipstjóri”), chief mate (“stýrimaöur”), watchkeeping officer (“undirstýrimaöur”), marine engineer, first grade (“yélstjóri 1.stigs”). In Norway: master mariner/deck officer Class 1 (“skipsfører”), chief mate/deck officer Class 2 (“overstyrmann”), master home/deck officer Class 3 (“kystskipper”), mate/watchkeeping officer/deck officer Class 4 (“styrmann”), chief engineer officer/engineer officer Class 1 (“maskinsjef”), second engineer officer/engineer officer Class 2 (“1.maskinist”), solo engineer/engineer officer Class 3 (“enemaskinist”), watchkeeping engineer/engineer officer Class 4 (“maskinoffiser”), which represents training in Iceland, of nine or 10 years' primary schooling followed by two year’s service at sea, supplemented by three years of specialised vocational training (five years for the marine engineer), in Norway, of nine years' primary schooling followed by a course of basic training and service at sea of three years (two and a half years for engineering officers), supplemented by, for watchkeeping officers, one year of specialised vocational training, for the others, two years of specialised vocational training, and by further service at sea and which is recognised under the International STCW Convention (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978), electro-automation officer (ship’s electrician) (“elektroautomasjonstekniker/skipselek triker”), which represents training of nine years' primary schooling followed by a two year course of basic training, supplemented by one year of practical experience and service at sea and one year of specialised vocational training.

• (b) Sea fishing

• In Germany: captain, deep-sea fishing (Kapitän BG/Fischerei'), captain, coastal fishing (Kapitän BK/Fischerei'), deck officer, deep-sea vessel (Nautischer Schiffsoffizier BGW/Fischerei'), deck officer, coastal vessel (Nautischer Schiffsoffizier BKW/Fischerei'),.

• In the Netherlands: first mate/engineer V (stuurman werktuigkundige V'), engineer IV (fishing vessel) (werktuigkundige IV visvaart'), first mate IV (fishing vessel) (stuurman IV visvaart'), first mate/engineer VI (stuurman werktuigkundige VI') which represent training: in Germany, of a total duration of between 14 and 18 years, including a three-year course of basic vocational training and one year’s service at sea, followed by one or two years of specialised vocational training supplemented, where appropriate, by two-years' work experience in navigation, in the Netherlands, involving a course varying in duration between thirteen and fifteen years, at least two years of which are provided in a specialised vocational school, supplemented by a 12-month period of work experience, and are recognised under the Torremolinos Convention (1977 International Convention for the Safety of Fishing Vessels).

• In Iceland: ship’s captain (“skipstjóri”), chief mate (“stýrimaöur”), watchkeeping officer (“undirstýrimaöur”), which represents training of nine or 10 years' primary schooling followed by two years' service at sea, supplemented by two years of specialised vocational training culminating in an examination and is recognised under the Torremolinos Convention (1977 International Convention for the Safety of Fishing Vessels).

• (c) Mobile drilling rig personnel

• In Norway: Platform manager (“plattformsjef”), stability section manager (“stabilitetssjef”), control room operator (“kontrollromoperatør”), technical section leader (“teknisk sjef”), assistant technical section leader (“teknisk assistent”), which represents training of nine years' primary schooling, followed by a two-year course of basic training, supplemented by at least one year’s service offshore and, for the control room operator, one year of specialised vocational training, for the others, two and a half years of specialised vocational training.

Technical sector

4

Training for the following:

• In Italy: building surveyor (geometra'), land surveyor (perito agrario'), which represents secondary technical courses of a total duration of at least 13 years, comprising eight years' compulsory schooling followed by five years' secondary study, including three years vocational study, culminating in the Technical Baccalaureat examination, and supplemented, for building surveyors by: either a traineeship lasting at least two years in a professional office, or five years' work experience, for land surveyors, by the completion of a practical traineeship lasting at least two years, followed by the State Examination.

• In the Netherlands: bailiff (gerechtsderuwaarder'), dental-prosthesis maker (“tandprotheticus”), which represents a course of study and vocational training: in the case of the bailiff (gerechtsdeurwaarder'), totalling nineteen years, comprising eight years' compulsory schooling followed by eight years' secondary education including four years' technical education culminating in a State examination and supplemented by three years' theoretical and practical vocational training, in the case of the dental-prosthesis maker (“tandprotheticus”), totalling at least 15 years of full time training and three years of part time training, comprising eight years of primary education, four years of general secondary education, completion of three years of vocational training, involving theoretical and practical training as a dental technician, supplemented by three years of part time training as a dental prosthesis-maker, culminating in an examination.

• In Austria: forester (“Förster”), technical consulting (“Technisches Büro”), labour leasing (“Überlassung von Arbeitskräften-Arbeitsleihe”), employment agent (“Arbeitsvermittlung”), investment adviser (“Vermögensberator”), private investigator (“Berufsdetektiv”), security guard (“Bewachungsgewerbe”), real estate agent (“Immobilienmakler”), real estate manager (“Immobilienverwalter”), advertising and promotion agent (“Werbeagentur”), building project organiser (“Bauträger/Bauorganisator/Baubetreuer”), debt-collecting agent (“Inkassobüro/Inkassoinstitut”), which represents education and training of a total duration of at least 15 years, comprising eight years' compulsory schooling followed by five years' secondary technical or commercial study, culminating in a technical or commercial mature level qualifying examination, supplemented by at least two years' workplace education and training culminating in a professional examination, insurance consultant (“Berater in Versicherungsangelegenheiten”), which represents an education and training course of a total duration of 15 years and includes six years' training followed within a structured training framework, divided into an apprenticeship of three-years' duration and a three-year period of professional practice and training, culminating in an examination, master builder/planning and technical calculation (“Planender Baumeister”), master woodbuilder/planning and technical calculation (“Planender Zimmermeister”), which represents education and training of a total duration of at least 18 years, including at least nine years' vocational training divided into four years of secondary technical study and five years of professional practice and training culminating in a professional examination conferring the rights to exercise the profession and to train apprentices, in so far as this training relates to the right to plan buildings, to make technical calculations and to supervise construction work (“the Maria Theresian privilege”).

PART II — COURSES REFERABLE TO THE PRACTICE OF A PROFESSION IN THE UNITED KINGDOM

United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications

Training for:

• mine electrical engineer,

• mine mechanical engineer,

• approved social worker—mental health,

• dental therapist,

• dental hygienist,

• dispensing optician,

• mine deputy,

• insolvency practitioner,

• licensed conveyancer,

• first mate—freight/passenger ships—unrestricted,

• second mate—freight/passenger ships—unrestricted,

• third mate—freight/passenger ships—unrestricted,

• deck officer—freight/passenger ships—unrestricted,

• engineer officer—freight/passenger ships—unlimited trading area,

leading to qualifications accredited as National Vocational Qualifications (NVQs) or approved or recognised as equivalent by the National Council for Vocational Qualifications, or in Scotland accredited as Scottish Vocational Qualifications, at levels 3 and 4 of the United Kingdom National Framework of Vocational Qualifications.

These levels are defined as follows:

• Level 3: competence in a broad range of varied work activities performed in a wide variety of contexts and most of which are complex and non-routine. There is considerable responsibility and autonomy and control or guidance of others is often required,

• Level 4: competence in a broad range of complex, technical or professional work activities performed in a wide variety of contexts and with a substantial degree of personal responsibility and autonomy. Responsibility for the work of others and the allocation of resources is often present.

SCHEDULE 6 — LIST OF COURSES OF REGULATED EDUCATION AND TRAINING

• In Germany The following regulated courses: regulated courses preparatory to the pursuit of the professions of technical assistant (technisch(r) Assistent(in)'), commercial assistant (kaufmännisch(r) Assistent(in)'), social professions (soziale Berufe') and the profession of State-certified respiration and elocution instructor (staatlich geprüfte(r) Atem-, Sprechund Stimmlehrer(in)'), of a total duration of at least 13 years, which require successful completion of the secondary course of education (mittlerer Bildungsabschluß') and which comprise: at least three years of vocational training at a specialised school (Fachschule') culminating in an examination and, where applicable, supplemented by a one-year or two-year specialisation course also culminating in an examination, or at least two and a half years at a specialised school (Fachschule') culminating in an examination and supplemented by work experience of a duration of not less than six months or a traineeship of not less than six months in an approved establishment, or at least two years at a specialised school (Fachschule') culminating in an examination and supplemented by work experience of a duration of not less than one year or a traineeship of not less than one year in an approved establishment, Regulated courses for the professions of State-certified (staatlich geprüfte(r)') technician (Techniker(in)'), business economist (Betriebswirt(in)'), designer (Gestalter(in)') and family assistant (Familiepfleger(in)'), of a total duration not less than 16 years, a prerequisite of which is successful completion of compulsory schooling or equivalent education and training (of a duration of not less than nine years) and successful completion of a course at a trade school (Berufsschule') of a duration of not less than three years and comprising, upon completion of at least two years of work experience, full-time education and training of a duration of not less than two years or part-time education and training of equivalent duration. Regulated courses and regulated in-service training, of a total duration of not less than 15 years, a prerequisite of which is, generally speaking, successful completion of compulsory schooling (of a duration not less than nine years) and of vocational training (normally three years) and which generally comprise at least two years of work experience (three years in most cases) and an examination in the context of in-service training preparation for which generally comprises a training course which is either concurrent with the work experience (at least 1,000 hours) or is attended on a full-time basis (at least one year).

• In the Netherlands: Regulated training courses of a total duration of not less than 15 years, a prerequisite of which is successful completion of eight years of primary education plus four years of either intermediate general secondary education (“MAVO”) or Preparatory Vocational Education (“VBO”) or general secondary education of a higher level, and which require the completion of a three year or four year course at a college for intermediate vocational training (“MBO”), culminating in an examination, Regulated training courses of a total duration not less than 16 years, a prerequisite of which is successful completion of eight years of primary education plus four years of at least preparatory vocational education (“VBO”) or a higher level of general secondary education, and which require the completion of at least four years of vocational training in the apprenticeship system, comprising at least one day of theoretical instruction at a college each week and on the other days practical training in a practical training centre or in a firm, and culminating in a secondary or tertiary level examination.

• In Austria: Courses at higher vocational schools (“Berufsbildende Höhere Schulen”) and higher education establishments for agriculture and forestry (“Höhere Landund Forstwirtschaftliche Lehranstalten”), including special types (“einschließlich der Sonderformen”), the structure and level of which are determined by law, regulations and administrative provisions. These courses have a total length of not less than 13 years and comprise five years of vocational training which culminate in a final examination, the passing of which is proof of professional competence. Courses at master schools (“Meisterschulen”), master classes (“Meisterklassen”), industrial master schools (“Werkmeisterschulen”) or building craftsmen schools (“Bauandwerkerschulen”), the structure and level of which are determined by law, regulations and administrative provisions. These courses have a total length of not less than 13 years, comprising nine years of compulsory education, followed by either at least three years of vocational training at a specialised school or at least three years of training in a firm and in parallel at a vocational training school (“Berufsschule”), both of which culminate in an examination, and are supplemented by successful completion of at least a one year training course at a master school (“Meisterschule”), master classes (“Meisterklassen”), industrial master school (“Werkmeisterschule”) or a building craftsmen school (“Bauhandwerkerschule”). In most cases the total duration is at least 15 years, comprising periods of work experience, which either precede the training courses at these establishments or are accompanied by part time courses (at least 960 hours).

SCHEDULE 7 — PROFESSIONS IN RESPECT OF WHICH THE RIGHT OF THE MIGRANT TO CHOOSE BETWEEN AN ADAPTATION PERIOD AND AN APTITUDE TEST IS DISPLACED

Signed

Signed by order of the Secretary of State.

Cheryl Gillan — Parliamentary Under Secretary of State, — 9th September 1996

Explanatory note

(This note is not part of the Regulations)

These 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 regulation of professional education and training to supplement Directive 89/48/EEC and Commission Directives 94/38/EC of 26 July 1994 (O.J. No. L217, 23.8.94, p. 8) and 95/43/EC of 20 July 1995 (O.J. No. L184, 3.8.95, p. 21) which amend it and to the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994 (O.J. No. L160, 28.6.94, p. 1) amending Annex VII to the EEA Agreement in relation to the Directive.

The Regulations apply to all professions that are regulated by law or public authority or by membership of a chartered body other than those professions or professional activities which are the subject of one of the measures listed in Schedule 1.

Where they apply, the Regulations provide a scheme for the recognition of the qualifications of migrants from member States of the European Community or from Iceland, Norway or Liechtenstein seeking to take up or pursue a profession which is regulated in the United Kingdom. In respect of professions already the subject of the European Communities (Recognition of Professional Qualifications) Regulations 1991 (S.I. 1991/824) these Regulations supplement the scheme for recognition contained in those Regulations.

Part I of the Regulations contains provisions relating to citation, commencement, application and interpretation.

Part II of the Regulations provides for the identification of the competent authorities exercising functions in relation to the taking up or pursuit of professions and for the designation of bodies (“designated authorities”) in relation to each of the regulated professions. The designated authorities have the function of processing applications from migrants having qualifications obtained wholly or mainly in another member State of the European Community or Iceland, Norway or Liechtenstein (the “relevant States”) and wishing to practice the relevant profession in the United Kingdom.

Part III of the Regulations sets out the rights of migrants to practise in the United Kingdom. It imposes duties, subject to certain conditions and exceptions, upon designated authorities not to refuse, on grounds of inadequate qualifications, applications by migrants to practise the relevant profession in the United Kingdom if they hold the qualification required by a relevant State to practice the profession in that State.

Part IV of the Regulations permits the designated authorities, in certain cases, to require a migrant to complete an adaptation period or to take an aptitude test or to provide evidence of professional experience and lays down conditions affecting such requirements.

Part V of the Regulations makes provision for the acceptance of evidence issued by a competent authority in a relevant State, for the right of a migrant to use the professional title or designatory letters applicable to the profession in the United Kingdom, or the lawful academic title acquired by the migrant in a relevant State, for appeals against the decisions of designated authorities and for the provision of information by designated authorities and competent authorities in the United Kingdom.

Footnotes

[^f00001]: S.I. 1989/1327.

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 1991/824.

[^f00004]: Supplemented by Council Directive 81/1057/EEC, O.J. No. L385, 31.12.1981, p. 25, and amended by Council Directive 89/594/EEC, O.J. No. L341, 23.11.1989, p. 19.

[^f00005]: Supplemented by Council Directive 81/1057/EEC, O.J. No. L385, 31.12.1981, p. 25, and amended by Council Directive 89/594/EEC, O.J. No. L341, 23.11.1989, p. 19.

[^f00006]: Supplemented by Council Directive 81/1057/EEC, O.J. No. L385, 31.12.1981, p. 25, and amended by Council Directive 89/594/EEC, O.J. No. L341, 23.11.1989, p. 19.

[^f00007]: Amended by Council Directive 89/594/EEC, O.J. No. L341, 23.11.1989, p. 19.

[^f00008]: Amended by Council Directive 69/77/EEC, O.J. No. L059, 10.03.69, p. 8.

[^f00009]: Amended by S.I. 1995/1428.

[^f00010]: Relevant amending instruments are S.I. 1987/884 and 1995/1429.

[^f00011]: Relevant amending instruments are S.I. 1987/884 and 1995/1429.

[^f00012]: 1988 c. 52. Relevant amendments were made by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 (c. 31).