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THE EUROPEAN SOCIAL FUND Sectoral Operational Programme for Human Resources Development 2007 – 2013 Priority axis 3 „INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES” Major area of intervention 3.3 „Development of partnerships and encouraging initiatives for social partners and civil society" Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: Ministry of National Education Contract no: POSDRU/93/3.3/S/53132
2013_05_L31.2_Bocii
Guide to certification and recognition for the profession of: AIR TRAFFIC CONTROLLER
Author: Prof. univ. Dr. Eng. Liviu Sevastian BOCÎI, bociis@yahoo.com, 0722519943 Subfield G1: Sectoral Committee of Transport, Romanian Railway Authority, CENAFER, Romanian Naval Authority, CERONAV
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CONTENT Introduction........................................................................................................................
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I. The status of the regulation of the profession of: air traffic controller in Romania and in other Member States of the European Union......................................................
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II. Procedures of confirmation/certification of competences applied by the CA in countries where the profession is regulated....................................................................
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2.1 Air traffic controller training........……………………………………………......
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2.2 Professional competences of air traffic controller ……………………………...
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III. Processes of recognition of qualifications attained in other Member States of the European Union...........................................................................................................
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3.1 Recognition of professional qualifications in Italy...............................................
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3.2 Recognition of professional qualifications in the Netherlands............................. 27 3.3 Recognition of professional qualifications in Romania........................................
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3.4 SOLVIT……………………………………………………………………………. 34 IV. The practice of the air traffic controller profession in the EU.…………………… 36 Conclusions …...………………………………………………………………………….. 39 Bibliography …………..………………………………………………………………..
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INTRODUCTION The project, “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)”, seeks, through the proposed activities, the attainment of three major objectives throughout the implementation period, with the aim of obtaining results which are beneficial for all parties, both during implementation, as well as post-implementation. The guide to the certification and recognition of the profession of Air traffic controller constitutes one of these results, which developed following an analysis, conducted together with the Competent Authorities, of the validation and certification of competences and processes of recognition of qualification for each of the regulated professions. Thus, the development of guides by regulated profession was considered to be highly important, aiming at achieving the following objectives:
Helping the Competent Authorities in Romania in the unfolding of the activity of standardization of the processes of certification and recognition of the regulated professions under their management by informing them in regard to the practices from other Members States of the European Union;
Informing all private persons who acquired qualifications in the respective field of activity in Romania and who wish to practice the said profession in one of the Member States of the European Union;
Promoting and consolidating the multisectoral partnership structure created through the project (The IMI PQ NET Romania Network), being assisted by the IMI platform of the European Commission. The guide to certification and recognition of the regulated profession/professions has a standard
structure as was developed in accordance with the Development methodology of guides to certification and recognition of professions, the analysis having been done for those Member States of the European Union which were analysed (The Czech Republic, Denmark, Germany, Italy, Great Britain, the Netherlands, Portugal and Spain), where the respective profession is regulated. Thus, this guide is the result of research activities on specialised bibliography concerning the profession in question from each Member State of the European Union, as well as of the existent and accessible information from the statistics in the IMI system. In addition, the comparative studies at a European Union level were taken into consideration, developed for the approached field, which are based on the experience of some study visits where the models and, more importantly, the examples of good practices in the field of professional qualification and of the implementation of the IMI system were identified.
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I. THE STATUS OF REGULATION OF THE PROFESSION OF: AIR TRAFFIC CONTROLLER IN ROMANIA AND IN OTHER MEMBER STATES OF THE EUROPEAN UNION The profession of Air traffic controller is regulated, according to the national laws of transposition of Directive 2005/36/EC 1 of the European Parliament and Council of 7 September 2005, on the recognition of professional qualifications, in six Member States of the European Union, of which: Italy, the Netherlands, and Romania are among the Member States analysed. It may be noted that, for the same generic name: Air traffic controller, the status briefly presented in table 1, is the following: France: Agent assurant le service d'information de vol et d'alerte/ Air traffic controller – Agent providing flight information services and alerts; Italy: Controllore di volo/ Air traffic controller - Flight controller; Malta: Air traffic control officer/ Air traffic controller; The Netherlands: Luchtverkeersleider/ Air traffic controller; Switzerland: Personnel du service de la navigation aérienne/ Air traffic controller – Personnel in the air navigation service; Romania: Controlor trafic aerian dirijare/ Air traffic controller – Air traffic controller direction. In order to consolidate safety standards and to improve the operation of the air traffic control system in the European Union, the European Commission drafted Commission Regulation (EU) no. 8052 of 10 August 2011, laying down detailed rules for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) no. 216 of the European Parliament and of the Council of 20 February 2008. Thus, by implementing this regulation, certain changes are found concerning the actual name of the regulated profession of air traffic controller in some Member States of the European Union, currently accepted and used by the members of the European Aviation Safety Agency (EASA). These changes are a result of consultations with CA representatives, marked in table 1 with the asterisk symbol (*).
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OJ L 255, 30.09.2005, p. 22 - 123 OJ L 206, 11.08.2011, p. 21 - 38 4
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Table 1. State of regulation of the profession: Air traffic controller in EU3 The name of the profession in the language of origin (translation into English)/generic name /name cf. Regulation (EU) no. 805
1
Recognition according to
The country where
The competent authority
it is regulated
2
3 Centre ENIC/NARIC France
service d'information
Centre international d’études pédagogiques (CIEP), 1 avenue France
Phone: +33 1 70 19 30 31
Contrôleur de la
5
Level to be checked
Undefined
Fax: +33 1 45 07 63 02
circulation aériene*
enic-naric＠ciep.fr, http://www.ciep.fr/enic-naricfr/index.php
Controllore di volo/
Ente Nazionale per l’Aviazione Civile (ENAC)
Air traffic controller/
Viale Castro Pretorio, 118 - 00185 Roma Italy
phone. +39 06 445961 - fax +39 06 44596493,
traffico aereo*
3
4
Léon Journault, 92318 Sevres Cedex FRANCE
de vol et d'alerte/ Air
Controllore del
Qualification level
(National legislation)
Agent assurant le
traffic controller/
Directive 2005/36/EC
comunicazione@enac.gov.it
PS3 - Diploma of a General system of
postsecondary
recognition – primary
level
application
(3 - 4 years), art. 11 d
http://ec.europa.eu/internal_market/qualifications/regprof (07.04.2013) 5
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Continuation table 1 1 Air traffic control officer/ Air traffic controller/ Kontrollur
2
Malta
4
5
Level to be checked
Undefined
(Dutch Aviation Authority), Postbus 575
General system of
PS3 - Diploma of a
2130 AN Hoofddorp,
recognition – primary
postsecondary level
Phone: +31-23 5663251 Fax: +31-23 5663005
application
(3 - 4 years), art. 11 d
General system of
ATT – Attestation of
recognition – primary
competence, art. 11 a
Civil Aviation Directorate, Luqa Airport, Luqa LQA 3290 Phone: +356 25555606, Fax: +356 21239278 E-mail: civil.aviation@transport.gov.mt
tat-traffiku tal-ajru*
Nederlandse Luchtvaart Autoriteit
Luchtverkeersleider/ Air traffic controller/ Luchtverkeersleiders
3 Transport Malta
The Netherlands
krijgen*
aldert.brakke@ivw.nl, www.minVenW.nl
Controlor trafic aerian
Romanian Civil Aeronautical Authority,
dirijare (Air traffic
Șos. București-Ploiești no. 38-40, Bucharest,
routing controller)/Air
Romania
Phone: +40 21 2081508, Fax: +40 21 2081572 E-mail: secretariat@caa.ro, URL: www.caa.ro
traffic controller
application
Office fédéral de la formation professionnelle et de la Personnel du service
technologie (OFFT), (Swiss Federal Department of Economic
de la navigation
Affairs, Federal Office for Professional Education),
aérienne/ Air traffic controller
Switzerland
Effingerstrasse 27, 3003 Berne,
Level to be checked
Undefined
Phone: +41.31.322.28.26 Fax: +41-31-3249247 www.bbt.admin.ch, Frederic.Berthoud@bbt.admin.ch 6
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II. PROCEDURES OF CONFIRMATION/CERTIFICATION OF COMPETENCES APPLIED BY THE CA IN COUNTRIES WHERE THE PROFESSION IS REGULATED
The process of certification of competences is the process through which an accredited institution certifies the fact that a person has competences in a specific field, with a document which is called a certificate (attestation) of professional competence. A certificate of professional competence is not a diploma of studies, however it certifies that a person has a certain level of expertise in a specific field, and this allows an increase in his chances to be hired and gives a higher credibility to his services and the goods which he makes. The basic principles of the process of certification of professional competences are the following:
The certification of competences is an optional process and not a mandatory one. Nevertheless, institutional policies may exist which mandate the certification of the competences of their members as a requirement to be part of the respective organization;
The evaluation of professional competences can be done by the same organization which certified the competences or by another organization;
Generally, the professional competence is checked in its entirety and not parts of it;
The certification of professional competences is a separate process from professional training (in other words, an organization that awards professional competences through training cannot directly participate in their certification);
The centres of professional training may facilitate the professional competence certification process through partnerships and agreements with the competence certification organizations.
2.1. Training and authorisation of air traffic controllers ITALY In Italy the initial training of the Air traffic controller includes:
a basic course with a duration of 20 months;
a period of practical training. After completing the basic course, which is structured in 3 modules, the graduates acquire a
knowledge basis accumulating information from the following disciplines:
general and technical English;
air navigation, aircrafts and flight principles;
meteorology;
telecommunications; 7
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legislation on aviation, telecommunications and flight security;
team psychology and management;
air traffic control.
The requirements for practicing the profession of Air traffic controller are:
high school diploma with an aeronautics specialisation;
certificate attesting to completing a proper training course;
attestation concerning the level of knowledge of the English language;
medical certificate attesting that he/she is apt to practice this profession (excellent hearing, clear vision, fast reflexes, the ability to make correct decisions under conditions of stress, good health condition, ability to work in a team).
Legislative Decree no. 118 of 30 May 20084, on the Implementation of Directive 2006/23/EC on a Community air traffic controller licence - Decreto Legislativo 30 maggio 2008, n.118 – Attuazione della direttiva 2006/23/CE, relativa alla licenza comunitaria dei controllori del traffico aereo stipulates the following:
"Community air traffic controller licence ", named "licence" is an issued and registered certificate which authorises its legal holder to provide air traffic control services, in accordance with the ratings and endorsements contained therein;
" Community air traffic controller student licence", named "student licence" means a permit issued by the operator of the student who successfully completed the initial training of the first qualification of air traffic control and who needs an authorization in order to continue his/her training;
"rating" means the authorisation entered on a licence, stating the conditions or limitations pertaining to such a licence which shall include at least one of the following ratings: aerodrome control visual; aerodrome control instrument; approach control procedural; approach control surveillance; area control procedural; area control surveillance;
"rating endorsement " means the authorisation entered on a licence, indicating the conditions or limitations pertaining to the relevant rating;
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http://www.laprevidenza.it/stampa.php?nid=2779 8
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"unit endorsement" means the authorisation entered on a licence, indicating the location, in accordance with ICAO, as well as the sectors and working positions where the holder of the licence is authorised to perform tasks;
"language endorsement" means the authorisation entered on a licence which indicates the level of language proficiency of the holder;
"instructor endorsement" means the authorisation entered on the licence, indicating the competence of the holder to give on-the-job training instruction;
"specialist licence" means the authorisation entered on a licence, to perform the operational functions of instructor, examiner and assessor of skills;
"training organisation" means an organisation which has been certified by the national supervisory authority meant to offer one or more types of education or of professional training according to the law;
"student controller" means the holder of a student air traffic controller permit;
"training air traffic controller" means the holder of an air traffic controller licence attained after completing a training or instruction course required for acquiring additional ratings or competences;
"student" means any person who attends an initial course and intends to attain a student air traffic controller licence;
“specialist assessors" means the authorisation entered on a licence, indicating the ability of the owner to operationally examine an air traffic controller;
"specialist examiners" means the authorisation entered on the licence, which indicates the competence of its holder to perform the examinations for issuing a student air traffic controller licence, air traffic controller licence, and specialisations on the licence etc.
The principles which regulate the awarding of licences are the following:
the Italian Civil Aviation Authority (ENAC), in accordance with article 734 of the Navigation Code, provides in its regulation the requirements and procedures for issuing, maintaining, suspending and revoking the licence for the air traffic controller;
awarding the licence is conditioned on promoting theoretical and practical tests designed to verify the ability of the applicant to perform activities of air traffic controller duties. The tests aim to verify the experience, skills, theoretical and linguistic knowledge, within the programs approved by ENAC in accordance with Community legislation;
the licences are issued by the ENAC (Italian Civil Aviation Authority), they are kept on record and they bear the signature of the person concerned;
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the licence, the ratings or the certifications may be suspended by ENAC, when the responsibility of the air traffic controller is under question in an accident or incident in which the aircraft was compromised or when other violations were determined;
the licence is revoked by ENAC in the following instances: on violation of laws and regulations relating to air traffic control; for gross or repeated negligence in fulfilling the air traffic controller duties which compromised aircraft safety; for other breaches of the rules of ethics.
The licence cannot be issued for those who were sentenced for imprisonment of more than five years for deliberate offenses;
the licence issued in Italian, contains the elements specified below and mentions the English translation of the main identification elements.
Specifications of the licence of air traffic controller The licences are issued in accordance with the following specifications:
Details about the licence: The items marked with an asterisk are mentioned in English: a) *Republic of Italy, Civil Aviation Authority; b) *the title of the licence (in bold type); c) the serial number of the licence (in arabic numerals) awarded by the licensing authority; d) name of the holder; e) date of birth; f) the nationality of the holder; g) the signature of the holder; h) *certification concerning validity and authorisation for the holder to be able to exercise privileges appropriate to the licence, with the following indications:
ratings, rating endorsements;
language proficiency and licence specialisation;
the date when they were first issued;
the date when their validity expires.
i) the signature of the officer issuing the licence and the date of issue; l) the stamp of the authority issuing the licence; The licence must be accompanied by a valid medical certificate.
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The material from which the licence is made: first quality paper or another suitable material on which the above mentioned items will also appear;
The colour of the licence: white. The individuals wishing to hold a licence of air traffic controller shall fulfil the following
requirements: a) be at least 21 years old; b) hold a student air traffic controller licence; c) have completed professional training courses approved by ENAC; d) hold a valid medical certificate; e) attestation of language proficiency. The licences include, in addition to those above mentioned, the following: a) one or more assessments concerning the type of services which the holder can perform; b) their mention towards the approval; c) specialisations, in the case of the awarding of an air traffic controller licence; d) language proficiency. The certificates may include: a) specialisations licences; b) any national certifications. The ratings, certificates and specialisation licences are defined by ENAC (Italian Civil Aviation Authority) in its internal norms.
The conditions required concerning the communication language during the practice of the profession of air traffic controller are the following:
to understand and speak the English and Italian languages at an appropriate level for performing the services with complete safety and precision;
the certification of the linguistic proficiency will be carried out in accordance with the conditions and procedures established by ENAC valid since 17 May 2010.
The conditions for maintaining the validity of the certificates and of the specialisations are the following:
the specialisation is issued for an initial period of 12 months, renewed for additional periods of 12 months, in accordance with the requirements established and mentioned in the ENAC Regulation;
for getting the endorsement of the operational unit, before its expiration, one must complete a required professional training programme, in accordance with the ENAC Regulation; 11
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the holder of an approved rating or specialisation, who, during a period of four consecutive years, does not perform air traffic control services may participate in a professional training course only after meeting the above mentioned requirements;
the level of proficiency of the applicant shall be checked at regular intervals as was determined by ENAC. The medical certificates issued for completing the file shall meet the following requirements5:
to be issued by an authority in the medical field or by the medical examiners approved by ENAC;
to be issued in accordance with the general criteria dictated by the ICAO (International Civil Aviation Organization) Convention6, as well as the EUROCONTROL requirements, European Class 3 of medical certification of air traffic controllers;
the validity of the medical certificate is of 2 years for the individuals who are up to 40 years of age, and for those beyond this age the validity of the medical certificate is of one year (cf. art. 16, paragraph 1 of the same Regulation);
the medical certification may be revoked at any time, whenever the medical requirements which led to its issuance are not any longer met;
the licence holder must inform his employer, for medical surveillance purposes, of any change in his health state which might make him unfit to adequately and safely fulfil the duties imposed by the nature of practicing the profession;
service providers must establish procedures to ensure that air traffic controllers can fulfil the obligations provided under the previous paragraph, in accordance with the provisions of Legislative Decree no. 196 of 30 June 2003;
the licence holder shall be subjected to medical examinations to verify the absence of drug use.
Regarding the professional training internships, the following imposed requirements must be emphasised:
the training or education of students, of student air traffic controllers and of air traffic controllers, including the assessments of their level of competence, are organized only by institutions that hold a training certificate approved by the Italian Civil Aviation Authority (ENAC);
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ENAC establishes certification requirements by appropriate regulations;
Art. 15, paragraph (3), Commission Regulation (EU) no. 805 of 10 August 2011, laying down detailed rules for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) no. 216 of the European Parliament and of the Council of 20 February 2008 6 http://www.icao.int 12
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The Italian Civil Aviation Authority performs periodic scheduled and unscheduled inspections, including unannounced inspections concerning the professional training organizations, in order to verify compliance with the normative requirements;
The Italian Civil Aviation Authority (ENAC) may delegate, fully or partially, the conduct of audits mentioned in the preceding paragraph to organizations recognized under Article 3 of Regulation no. 550 of the European Parliament and of the Council of 10 March 2004, on the provision of air navigation services in the single European sky (the service provision Regulation);
If the Italian Civil Aviation Authority finds that the organization no longer meets the conditions for professional training or the prescribed conditions it may take such measures as it considers appropriate, including the withdrawal of the certification.
THE NETHERLANDS In the Netherlands there is a register which includes all the professional qualifications and training requirements (CREBO - Het Centraal register beroepsopleidingen – Central Register for Professional Training) so that any person can find all the information about the specific qualification. The Dutch State involves itself in schools, concerning the vocational guidance of youth that do not know which profession to choose; in this regard, the pupils receive efficient programmes of professional training offered by the education institutions. The objectives which until not long ago were the ones that had to be reached after completion of an education level are now replaced by abilities and competences which the graduate must acquire in view of easier labour market insertion. The development of qualification types is done in collaboration among the representatives of the Ministry of Education and the representatives of the Dutch business environment. This strategy was experimented in the Netherlands during 3 years through the so called MBO 2010 (hierna: MBO 2010) process. The implementation of Regulation7 (EC) no. 216/2008, as well as the new legislation on the Single European Sky II, requires the establishment of more detailed implementation norms, especially concerning issuing licences for air traffic controllers, in order to maintain a high uniform level of safety in civilian aviation in Europe, to achieve the highest standards of responsibility and competence, to improve the availability of air traffic controllers and to promote the mutual recognition of licences, while pursuing the objective of improving the global air traffic safety and competence of personnel. Air traffic controllers, as well as persons and organisations involved in their training, testing, medical checking or assessment, shall comply with the essential applicable requirements which are provided
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REGULATION (EC) NO. 216/2008 of the European Parliament and of the Council, of 20 February 2008, on common rules in the field of civil aviation and establishing a European Aviation Safety Agency. 13
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for in Regulation (EC) no. 216/2008 (Annex Vb). According to the regulation mentioned, air traffic controllers, as well as persons and organisations involved in their training must be granted certificates or licences after it is found that they fulfil the essential requirements. The licence introduced by Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006, on a Community air traffic controller licence, proved to be an efficient instrument for the recognition of the specific role which the air traffic controllers play in conducting the air traffic control in safety conditions. Establishing standards of competence at the level of the European Union reduced the fragmentation in this field, which allowed a more efficient organisation of the activity within an ever more extensive regional cooperation between the air navigation providers. Consequently, maintaining and consolidating the common regime of issuing licences for air traffic controllers in the European Union is an essential element of the European system of air traffic control. Training as an air traffic controller consists of completing a professional training cycle of minimum three years, but which shall not exceed 4 years, in a university or in a comparable education institution. This training must be attested by passing the graduation exam (diploma). By the Decision of 31 August 2005 of amendment of the Decree8 on the certificates of proficiency for aviation, including the implementation of the Eurocontrol requirements for the personnel with security responsibilities within the air traffic services, the following definitions are introduced:
student air traffic controller: a person authorised to provide air traffic services under the supervision of a qualified instructor;
operator: a person authorised to provide air traffic services in certain conditions specified by the Dutch aeronautic legislation;
ground traffic control provider: person authorised to control the traffic on the landing area, with the exception of the traffic during the take-off and landing of the aircraft;
flight control provider: person authorised to offer guidance, control, and alerts on ground or air traffic movement. In the Netherlands, Ministerie van Verkeer en Waterstaat issues the certificate of proficiency and
the licences for:
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air traffic controller;
student air traffic controller;
flight information service officer;
aerodrome information officer.
https://zoek.officielebekendmakingen.nl/stb-2005-401.html 14
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The minimum age for issuing the certificate of competence or of a licence shall be:
for the air traffic controller: 19 years of age;
for the student air traffic controller: 18 years of age;
for the flight information service officer: 18 years of age;
for the aerodrome information officer: 18 years of age. Issuing a licence for a pilot and the rating for the air traffic controllers, for the student air traffic
controllers and for the information providers, is done on request and is given to any person who fulfils the following conditions:
holds a valid medical certificate;
meets all the conditions concerning knowledge, skills and experience, according to the Dutch Ministerial Regulation;
holds an attestation of linguistic proficiency for the English language which will attest its knowledge at level 4, 5 or 6. The licences and ratings (attained after some general or special assessments) of the air traffic
controller are issued for the following periods:
licences: indefinite period;
general assessments: for a period of 12 months;
special assessments: for a period of 36 months. The conditions concerning the required experience for attaining a licence for a flight information
provider are cancelled if the persons held, 24 months prior to the date of enforcement, a valid licence for an air traffic controller. The conditions concerning the required experience for attaining a licence for an aerodrome information service officer are cancelled if the persons held, 24 months prior to the date of enforcement, a valid licence for an air traffic controller or for a flight information provider. The conditions for training, qualification and examination of the air traffic controller are determined by the Regulation of the Ministry of Transport and Public Works. It determines which providers of professional training are accredited, the requirements concerning the content of the training courses, the curriculum, the duration and the manner of examination. The exam is composed of two parts: a theoretical test and a practical test of the knowledge, skills and experience. The attestation of linguistic proficiency for the English language is required. Concerning the conditions of maintaining the validity of ratings and certifications, the following specifications can be made:
Member States must make sure that their validity shall be extended by 12 months if the provider of air navigation services proves that: 15
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a) the applicant performed the minimum number of hours to obtain the licence rights in the last twelve months, as shown in the diagram of competence approved for the air traffic control unit where he is exercising his profession; b) the competence of the applicant is assessed according to the regulations in the aeronautical field; c) the applicant holds a valid medical certificate.
For the instructors of air traffic controllers, the validity period is of 36 months and can be extended;
The holder, at the end of a period of four years, is assessed on his competences and if the results of the assessment are not the required ones, he has to participate in a training course in an authorised institution. The conditions for granting the endorsement of air traffic controller are:
The Member States and the Commission assure that the applicants (air traffic controllers) are sufficiently trained in safety and security management;
Member States assure that the services of air traffic control are performed only by the air traffic controllers whose authorisation was attained in accordance with Commission Regulation (EU) no. 805 of 10 August 2011, laying down detailed rules for air traffic controllers’ licences and certain certificates;
A licence is granted to any person who has the competences to practice the profession of air traffic controller or student air traffic controller;
The authorisation must contain the following information: a) one or more ratings if the authorisation is issued for a student air traffic controller; b) one or more ratings and specialisations if the authorisation is issued for an air traffic controller.
candidates for a licence must prove that they have the required competences so that they can practice the profession of air traffic controller or student air traffic controller. The proofs must prove the knowledge, experience, skills and language knowledge;
the licences remains the property of the person to whom it is granted and has his signature. The Licence may be suspended if there is any doubt concerning the ability to practice the profession or in cases of gross negligence. It can be revoked only in case of abuse;
the student licence of the air traffic controller authorises the holder to provide control services under the supervision of an instructor from the work place;
the licence is valid for as long as the medical certificate is valid. This rating is recognised by the Competent Authority in the Netherlands by comparing the title and
professional training level acquired by the applicant in the country of origin. 16
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2.2. Professional competences of air traffic controllers ITALY In Italy, the field of Technology Industry includes 9 subfields of activity:
Mechanics, mechatronics and energy;
Transport and logistics;
Electronics and electricals;
Information technology and communications;
Graphics and communication;
Chemistry, materials and biotechnology;
Fashion industry. In the subfield of Transport and logistics are included the regulated professions whose training,
certification and recognition is one of the main objectives of this project. The institutions of professional education and training in Italy are structured as in Romania, thus identifying the following: primary schools; high schools; vocational schools; colleges; institutions of higher education. The skills and competences which the graduates of high schools with a technological profile (of applied sciences) acquired are the following:
learning concepts, principles and scientific theories through practical laboratory activities;
critical analysis of phenomena, methodological reflection on experimental procedures and search for promotion strategies of scientific discoveries;
analysis of the logical structures involved, as well as of the models used in scientific research;
understanding the role of technology as a mediator between science and everyday life;
knowledge of the operating mode of specialized tools for data analysis and modelling of specific scientific problems. In the Technologic institutions (similar to the technological colleges in Romania) the disciplines of
study from the curricula are divided by study fields and the duration of common courses is determined by the Regulation elaborated by the Ministry of Education in Italy. The courses offered by Technologic institutions in Italy provides a level of general education (core) for all specialisations in the transport sector and a level of specialised training according to labour market demand. The level of general education aims to provide a basic training, by strengthening and developing the directions of required education (mandatory), studying languages, mathematics, science and technology, history and social sciences. 17
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The level of specialised training is intended to provide both theoretical and applied knowledge that can be used in different contexts of study and work, as well as cognitive skills required to solve problems, to know how to work based on continuous innovation activities, how to progressively assume responsibility, how to improve performance through continuous training throughout life. Graduates of technologic institutions in Italy qualify in the specialisations of:
construction of ships/vehicles used in the sector of air, marine, road transport;
piloting ships/vehicles in the above mentioned sectors;
using logistics in the above mentioned sectors. The general skills and competences of technologic institutions graduates are the following:
specific technical skills and knowledge of working methods for performing functional activities related to planning, implementing, and maintaining the efficiency of the means of work and of the organization and logistics facilities;
knowledge of methods of traffic management and assuring service, and movement and transport procedures, etc. The specific skills and competences of technologic institutions graduates are the following:
accumulation of fundamental knowledge about the types of structures and components of vehicles, in order to maintain the operating conditions provided by the standards in force in the transport sector;
ability to work independently to solve problems arising in the control, regulation and failure of technical systems with which the aircrafts are equipped;
ability to cooperate in planning and organizing services in transport;
use information technology to modernize production processes, being able to contribute to innovation and adaptation of technology and of the manner of organization of the company;
be able to implement at the national level European and international standards for safety for the means of transport for goods, services and those referring to the labour force;
to cooperate in environmental impact assessment in the direction of environmental protection and rational use of energy. The holder of a diploma in aeronautics issued in Italy is allowed to practice the following
professions:
civilian pilot (after he acquired the required ratings);
traffic controller (after he acquired the required ratings and was successful in the competitions organised by the body responsible with air traffic control);
aviation assistant (after he acquired the required ratings and was successful in the competitions organised by the body responsible with air traffic control); 18
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professor for teaching technical practices in the professional and technical institutions.
ROMANIA The Ministry of Transport and Infrastructure, by Ordinance no. 148/20129 appoints the Romanian Civil Aeronautical Authority as the competent authority with the purpose of exercising the attributions which belong to such an authority in accordance with the provisions of Commission Regulation (EU) no. 805/201110 of 11 August 2011. Rating of air traffic controllers11 (a) General requirements A person undertaking a course of training for becoming an air traffic controller or a student air traffic controller shall be sufficiently mature educationally, physically and mentally to acquire, retain and demonstrate the relevant theoretical knowledge and practical skills. (b) Theoretical knowledge
An air traffic controller shall acquire and maintain a level of knowledge appropriate to the functions exercised and proportionate to the risks associated with the type of service;
Acquisition and retention of theoretical knowledge shall be demonstrated by continuous assessment during training, or by appropriate examinations;
An appropriate level of theoretical knowledge shall be maintained. Compliance shall be demonstrated by regular assessments or examinations. The frequency of examinations shall be proportionate to the level of risk associated with the type of service. (c) Practical skills
An air traffic controller shall acquire and maintain the practical skills appropriate to exercise his/her functions. Such skills shall be proportionate to the risks associated with the type of service and shall cover at least the following items:
operational procedures;
task specific aspects;
abnormal and emergency situations;
human factors.
An air traffic controller shall demonstrate the ability to perform the associated procedures and tasks with a level of competence appropriate to the functions exercised;
9
Official Journal of Romania, Part I, no. 136/2012 OJ L.206, 11.08.2011, p.21 11 Regulation (EC) no. 216/2008 of 20.02.2008, on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, Annex Vb: Essential reguirements for ATM/ANS and air traffic controllers 19 10
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A satisfactory level of competence in practical skill shall be maintained. Compliance with this requirement shall be verified by regular assessments. The frequency of these assessments shall be proportionate to the complexity and the level of risk associated with the type of service and the tasks performed. (d) Language proficiency
An air traffic controller shall demonstrate proficiency in speaking and understanding English to the extent that he/she is able to communicate effectively both in communication situations when the interlocutor is not present (voice only: telephone/radiotelephone), as well as in the presence of the interlocutor on concrete or work related subjects, including in emergency situations;
Whenever necessary in a defined volume of airspace for ATS service provision purposes, an air traffic controller shall also have proficiency to speak and understand the national language (languages) to the extent described above. The skills required for practicing the profession of Air Traffic Controller are the following:
very good spatial orientation and vision;
good memory;
quick thinking; ability to make the right decisions quickly; ability to multi-task; work well with numbers; team spirit and able to work in shifts (day and night shifts, work during legal holidays, etc.); able to work properly under stress, have high capacity of adapting to different situations; very good visual and auditory acuteness;
not to use psychoactive substances which might affect his ability to work.
20
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START APPLICANT FILE SUBMISSION TO T HE ATTESTATION COMISSION
For each candidate who will be examined, for licensing, a file shall be compiled which must contain the following documents:
a) contest entry form and options form; b) ID copy; c) criminal record; d) copies attesting the education and professional training (at least a baccalaureate diploma); d) copy of the employment records, if applicable; e) a document attesting to the type of air traffic controller licence held, issued by AACR; f) a valid class III medical certificate issued by an institution recognised by NSA-AACR; g) valid radiotelephonist certificate, if applicable. A T T E S T A T I O N C O M I S S I O N The examination commission will be appointed in compliance with the norms in force, being proposed by the Deputy General Operations Director (ROMATSA) and approved by the Human Resources General Manager within the Central Administration, who will prepare the decision in this regard. The number of the members of the commission will be determined according to the number of candidates who will be tested, part of which will be: a - a representative of ROMATSA, accredited by EUROCONTROL, which is authorised to administer the FEAST test; b - a representative of ROMATSA, who is authorised to interpret the results of the tested candidates using FEAST. CHECKING THE FILE CONTENT AND IF MEETING THE CONDITIONS Candidates which request a licence of air traffic controller must meet the following conditions: (a) to be at least 21 years old; however, the Member States may provide a smaller age limit in adequately justified cases; (b) to hold a student air traffic controller licence; (c) to have completed an approved training plan within the unit and to have successfully passed the relevant examination or assessments, in accordance with the requirements established in part B of Annex II; (d) to hold a valid medical certificate; (e) to have proven an adequate level of linguistic proficiency level in accordance with the requirements established in Article 13.
Notices Additions
c)Sa aibă o activitate de minimum 4 ani ca şef de proiect in cadrul unei unităţi specializate autorizate sa execute lucrări de amenajare a pădurilor. NO EXCEPTIONS CHECK . Are the conditions met?
In the Methodology there are no stipulated exceptions
YES DOCUMENT LEGALITY CHECK
Are there documents issued in another MS ?
YES
YES
Is the condition met?
NO
CHECK THROUGH THE IMI SYSTEM DEROGATION CHECK Answer of CA of MS?
NO POZITIVE
COMMISSION REGULATION (EU) NO. 805/2011 of 10 August 2011, Art. 31, paragraphs (1), (2) and (3) (OJ L.206, 11.08.2011, p. 32)
NEGATIVE
EXAM BEFORE THE ATTESTATION COMMITTEE
REJECTED
YES
Is the condition met?
NO Denies the grant of a licence
Exam result? Applicant appeal
ADMITTED
3 1
2
Informing the applicant STOP
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1
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2
3
APPEALS COMMISION 1. Within 3 days from the date of notification of the competition results, the applicants may submmit apeals with the CA registry of ROMATSA. 2. Appeals will be resolved within 30 days from their submmision by a commission established by the CA ROMATSA. 3. The decision of the commission is final. Obtaining an air traffic controller licence
Admitted
Rejected Appeal result
Entry in the Record Book of AACR
Practicing the profession: air traffic controller
DUTIES OF THE AIR TRAFFIC CONTROLLERS a) make every effort to prevent any deed/act that might endanger the safety of air traffic, the life of the personnel or of the passengers on board the aircraft; b) to know and to correctly apply the civilian aeronautic procedures, instructions, norms and regulations applicable to the air traffic control and information activity which he performs; c) to know and to comply with the requirements of flight quality and safety established for the air traffic control activity performed; d) to go to the mandatory medical examinations.
AIR TRAFFIC CONTROLLER ACTIVITY MONITORING
RACR-LCTA including "Air traffic controllers licencing" The validity of the ratings and endorsements entered on ATC licences will be maintained through an authorised continuous training, which consists of the required training for maintaining ATC skills, recurring training courses, emergency situations training and, if needed, linguistic competences training. Continuous training consists of theoretical and practical courses, as well as simulation training. For this purpose, the training body determines the schemes/programmes of competence at the unit level, which state in detail the processes, human resources and duration required for assuring the appropriate continuous training and for checking the competences. These programmes/schemes will be revised and approved at least once every 3 years.
LOSS OF VALIDITY OF THE LICENCE (COMMISSION REGULATION (EU) NO. 805/2011 of 10 August 2011 (OJ L.206, 11.08.2011, p. 25))
(a) the licence, the ratings or endorsements may be suspended when the competence of the air traffic controller is in doubt or in the case of misconduct; (b) the licence may be revoked in the case of gross negligence or abuse. c) the holder of the licence was declared medically and/or psychologically unfit.
Fig. 1. Logical scheme of a confirmation and certification of competencies procedure for attaining the air traffic controller licence 22
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III. PROCESSES OF RECOGNITION OF QUALIFICATIONS ATTAINED IN OTHER MEMBER STATES OF THE EUROPEAN UNION
The freedom of movement of persons was one of the main objectives of the Common Market, created through the Treaty of Rome12 of 1957 (the freedom of establishment, the free movement of services, and the free movement of people being fundamental principles of this treaty). The general system of recognition of professional qualifications is based on the following principles:
The principle of mutual trust between Member States of the European Union;
The absence of harmonization in professional training for practicing the profession in question. Each Member State will decide the access or lack of access to practice the profession on its territory, and the content and level of training for practicing the profession in question;
The existence of counter-available measures when there are significant differences between the contents of the professional training in different Member States. The rule is as follows: no Member State can refuse the access to a regulated profession on its territory to European Union citizens, who are fully qualified to practice this profession in another Member State, and this, regardless of the differences among the two states (interpretation of the mutual trust principle). If these differences are "substantial", the competent authorities from the host Member State may complete the recognition after the applicant passes an aptitude test or completes a trial period (adaptation period, boarding service, apprenticeship). The assessment process must be impartial and the evaluation mechanisms must be designed in such a
manner as to avoid any type of conflict or interest, including by a high professionalization of the assessors. Defining these principles must avoid the standardisation of measures between different European states, which would conflict with the objectives of the Bruges-Copenhagen process, and the contrast with the adoption of top-down approaches. In order to improve the gaps between the different European systems of recognition of qualifications we must:
Ensure the quality, and through it the trust in the confirmation process, trying, in the same time, to create links between the different systems of confirmation of professional qualifications;
Consult the norms and principles already existent at the national and international level (for example:
the EN 45013/ISO 17024 norms).
12
Treaty of Rome refers to the Treaty through which the European Economic Community (EEC) was established and was signed by France, West Germany, the Netherlands, Italy, Belgium and Luxemburg on March 1957. 23
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ITALY
In Italy, the transposition of Directive 2005/36/EC, of 7 September 2005, on the recognition of professional qualifications, into the national legislation, was done by Legislative Decree13 no. 206 of 6 November 2007 (Decreto Legislativo 6 novembre 2007, n. 206: Attuazione della direttiva 2005/36/CE relativa al riconoscimento delle qualifiche professionali, nonche' della direttiva 2006/100/CE che adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania).
Thus, professions in Italy are divided into two categories:
Unregulated professions – may be practiced by any citizen who holds a qualification diploma for that profession issued by a EU Member State;
Regulated professions – are professions whose practice on the territory of Italy is regulated by the national legislation, which determined the professional title and education level required, as well as the rules of professional ethics. These professions may be practiced on the territory of Italy only by the certified persons according to the norms specific to the profession in question. If the professional title was attained in another state, for the lawful practice of the profession in question, the recognition is required of the professional qualification by the Italian competent authority. Under Legislative Decree no. 206 of 2007, were determined the conditions which must be met by
the citizens of the Member States of the European Union in order to practice on the territory of Italy regulated professions for which they are qualified in their own Member State of origin. The procedure of recognition of diplomas issued in the European Union space, for those wishing to perform their activity permanently in Italy has particularities specific to each profession. The holder of a diploma attained in an EU Member State, may attain the recognition of his right to practice the profession in question in Italy, upon submission of a request and of the documents required by the competent authorities. THE COMPETENT AUTHORITY The Competent Authority in Italy for the recognition of diplomas for the regulated profession of air traffic controller is ENAC – Italian Civil Aviation Authority (Ente Nazionale per l’Aviazione Civile). REQUIRED DOCUMENTS In the case of regulated professions in the country where the diploma was attained, the applicant shall submit the following documents:
certificate or attestation issued by the competent authority in the country of origin, showing that the diploma in question authorises, in the country of origin, the practice of the profession of the applicant;
13
Gazzetta Ufficiale n. 261 del 9 novembre 2007 – Supplemento ordinario n. 228. 24
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the detailed curriculum of studies specifying the number of hours allotted to each discipline, their syllabus content, the number of hours of practice completed. All these informations are issued by the professional training institution which issued the diploma;
certificate which attests the activity performed in the country of origin or of provenance, from the time of attaining the diploma for which the recognition is requested (in Italy, practicing the profession before the recognition of the diploma by the Ministry of Justice is a violation of the law);
certificate which attests the completion of some traineeship periods, of some specialisation courses or attainment of other diplomas. In the case of unregulated professions in the country of origin, the applicant shall submit the
following documents:
documents which attest the full time practice of the profession in question for 2 years during the last 10 years in the country where the diploma was obtained;
the detailed curriculum of studies specifying the number of hours allotted to each discipline, their syllabus content, the number of hours of practice completed. All these informations are issued by the professional training institution which issued the diploma;
certificate which attests the completion of some traineeship periods, of some specialisation courses or attainment of other diplomas;
a photocopy of all the documents mentioned;
the list with all the submitted documents, signed by the applicant. All the documents written in the Romanian language must be accompanied by their translation into
the Italian language, translation which shall be certified by the Italian Diplomatic or Consular Authority in the country which issued the diploma, or by an official translator of an Italian court house. EU citizens may submit the documents, in accordance with the law (Decreto del Presidente della Repubblica 28 dicembre 2000, n. 445 – Disposizioni legislative in materia di documentazione amministrativa. (Testo A))14, as a simple copy, together with the statement replacing the notary authorisation, completed according to the guidelines included in it. The administration will randomly check the veracity of the statement mentioned. The original documents may be subsequently withdrawn by the person concerned or mandated, on the completion of the procedure of recognition of the diploma. The deadline for assessing the file for the recognition of the diplomas which certify a certain professional training is provided by the EU and national legislation (in Italy) and shall not exceed three months.
14
Gazzetta Ufficiale n. 42 del 20 febbraio 2001 – Supplemento ordinario n. 30. 25
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On first provision of services, or when a change occurs in the status certified by the documents, the above mentioned documents will be also accompanied by:
a certificate or a copy of a document which certifies the nationality of the provider;
a certificate issued by the competent authority which certifies that the holder is lawfully residing in a Member State, that he practices the activities in question or that he is denied the right to practice, permanently or temporarily, at the moment of issuance of the certificate;
a document certifying the professional ratings;
a document attesting the full time practice of the profession in question for 2 years during the last 10 years in the country where the diploma was obtained. The mutual recognition of European Union licences must be carried out so that:
not to prejudice the conditions imposed by ENAC on issuing licences, ratings, certifications, and linguistic proficiencies in relation to those issued by the national authority of a Member State, in accordance with Regulation (EU) no. 805/2011. The same requirements must remain into force also for issuing the medical certificate for apprentiship, on the condition that the holders shall be at least 21 years of age for air traffic controllers;
the holder of a permit issued by another state, in accordance with this Directive, who must exercise his profession in the flight regions which are under Italian responsibility, has the right to change his permit with a licence in Italy, without imposing any conditions upon him, except for the conditions imposed for holding the linguistic proficiency certificate. The conversion of national licences is thus achieved:
those who at the time of entry into force of this Decree must hold a licence for practicing the profession of air traffic controller, in accordance with the existent national procedures, have the right to attain the conversion of this authorisation to one of the licences provided in this Legislative Decree15, based on the performed activity and the manner determined by ENAC;
those who at the time of entry into force of this Decree fulfil positions equivalent to those of operational instructor, examiner and assessor for a provider of air traffic services or for a training organisation, have the right to acquire the specialisation. Sanctions :
with the exception of cases when the deed constitutes a criminal offense, anyone who acts as an air traffic controller or student air traffic controller without an adequate licence or with a suspended or revoked permit, is punishable with a fine of 3000 - 10000 Euro;
with the exception of cases when the deed constitutes a criminal offense, the holder of an air traffic controller or a student air traffic controller licence who offers services different from those of air
15
Legislative Decree no. 206 of 6 November 2007 (Decreto Legislativo 6 novembre 2007, n. 206) 26
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traffic control which he may exercise due to his ratings or licence attestations which he holds is punishable with a fine ranging between 2500 - 9000 Euro;
with the exception of cases when the deed constitutes a criminal offense, , the holder of an air traffic controller or a student air traffic controller licence who fills the position of an on duty air traffic controller, without attaining the required medical certification is punishable with a fine ranging between 2000 - 10000 Euro;
with the exception of cases when the deed constitutes a criminal offense, , the holder of an air traffic controller or a student air traffic controller licence who does not manage to inform his employer of a change in his medical fitness or of being under the influence of any psychoactive substances or medicines which might render him unable to adequately and safely exercise the duties relevant to his licence, is punishable with a fine of 3000 – 12000 Euro;
with the exception of cases when the deed constitutes a criminal offense, any hiring of a person for the activity of education or professional training of student controllers or of air traffic controllers, in the absence of ENAC certification, is punishable with a fine ranging from 25000 - 50000 Euro;
with the exception of cases when the deed constitutes a criminal offense, the air traffic control provider who employs an air traffic controller or a student air traffic controller who has no licence or in contradiction with the ratings or specialisations on the licences is punishable with a fine raging between 50000 - 100000 Euro. 3.2. THE NETHERLANDS In the Netherlands, professional qualifications are attained through some exams which certify each
person’s competences, in accordance with the Act of 7 April 2005 amending the Act on education and implementation of the terms of professional qualification and training (Stb. 2005, 203; wet experimenten). In this regard, specific courses of training were implemented and after their completion the individuals will attain the required professional competences for practicing a profession16. Until August 2010, a period of 2 years of trials passed concerning the development of professional qualifications based on competences as well as their improvement through continuous training. For the persons who cannot cope with an exam through which they can certify their competences, the Dutch state provided in its legislation the possibility that those persons will attain the competences through their proven experience in the workplace (see the experiences with AKA training of the two levels of professional training). The process of recognition of professional qualifications in the Netherlands is presented in the scheme from the following figure: 16
https://zoek.officielebekendmakingen.nl/kst-32316-3.html 27
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Are you an EU / EEA emigrant, with a qualification in EU / EEA, who wishes to work in the Netherlands
YES
NO
Is your profession regulated in the Netherlands?
You have unrestricted access to the labour market You need to obtain approval to pursue the profession
Are you qualified for the same profession in your own country?
NO
Directive 2005/36/EC is not applicable
YES
Do you wish to provide temporary services?
YES
1
Do you wish to establish yourself professionally in the Netherlands?
or
NO Is the profession or programme regulated in your country, or do you have at least 2 years of professional experience within the last 10 years?
Directive 2005/36/EC is not applicable
NO
2
Are you a medical doctor, nurse, dentist, veterinary surgeon, midwife, pharmacist, or architect?
YES
The principle of automatic recognition of the profession is applicable 28
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2
1
NO
Are there any risks with regard to public health or safety involved in your profession?
Is the profession or programme regulated in your country, or do you have at least 2 years of relevant professional experience within the last 10 years?
NO
Directive 2005/36/EC is not applicable
You are free to provide temporary services
NO
YES
YES
Are there substantial differences with regard to public health or safety between your programme and the required one?
Are you a medical doctor, nurse, dentist, veterinary surgeon, midwife, pharmacist, or architect?
YES
Your programme will be compared to the programme required in the Netherlands for practising the profession
YES
You are free to provide temporary services
NO
Is there a difference of more than 1 level between your qualification and the required one?
NO You are free to provide temporary services
You must pass an aptitude test
NO
You have been approved
YES Is your programme 1 or more years shorter, or are there substantial differences in content?
YES
Directive 2005/36/EC is not applicable
You must either pass an aptitude test or undergo an adaptation period
Fig. 3. The process of recognition of professional qualifications if the Netherlands 17 (flowchart) 17
Own draft according to: www.nuffic.nl/en/diploma-recognition/professional-recognition 29
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Mutual recognition of air traffic controller licences:
Each Member State, in accordance with Commission Regulation (EU) no. 805 of 10 August 2011 laying down detailed rules for air traffic controllers’ licences and certain certificates, recognises the licences and related qualifications issued by the national supervisory authorities in another Member State;
For recognition, the applicant shall submit to the national supervisory authorities a file with documents showing the unit, sector, or work place where he served, professional training, as well as the air navigation provider where he had his training instruction and where he acquired his competences and experience. The national authority, namely, the Dutch Aviation Authority, shall help the applicant with the equivalence of his studies of the profession in question in order to practice it on the territory of the Netherlands;
if the applicant is a citizen of a third country and he has a valid licence or permit or a military licence attained in another Member State, the national supervisory authority shall meet the applicant’s wish to practice the profession on the territory of the Netherlands. Upon assessment of the equivalence of the permit, the attained competences will be taken into account in accordance with international standards;
within four weeks at most from the submission of proofs (subject to a possible appeal the period is increased), the national supervisory authorities make a decision concerning the recognition or lack thereof of the unit where the training of the air traffic controller (applicant) took place, or they propose training periods for the applicant for the equivalence of their studies/period of experience. In accordance with Commission Regulation (EU) no. 805/2011 of 10 August 2011 laying down
detailed rules for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) no. 216/2008 of the European Parliament and of the Council, the following have been determined:
Member States recognise air traffic controller and student air traffic controller licences, ratings, rating endorsements, and language proficiency endorsements, as well as the related medical certificates issued by other Member States in accordance with this regulation. Nevertheless, if a Member State provided for an age limit smaller than 21 years of age, the right of the holder of the air traffic controller licence to practice the related privileges is limited to the territory of the Member State which issued the licence until such time as the holder turns 21 years of age. When the holder of a licence practices the privileges related to the licence in a Member State other than the one where the licence in question was issued, the holder of the licence has the right to exchange the licence with a licence issued by the Member State where he practices his privileges, without additional conditions being imposed. When determining the training plan within the unit, the training organisation shall duly take into account the acquired competences and the experience of the applicant; 30
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The competent authority approves or rejects the training plan within the unit which contains the training proposal for the applicant, within maximum six weeks from the submission of proof, without prejudice to the delay resulting from a potential appeal procedure. The competent authority ensures the compliance with principles of non-discrimination and proportionality. Next are a few details about the authorisation of training providers for the profession of air traffic
controller:
These training centres offer instruction for air traffic controllers in the Community and must be authorised by the national supervisory authorities;
the requirements for authorisation refer to the technical, operational, and pedagogic competence as well as to the efficient ability of organising training courses in accordance with the imposed requirements;
the requests for authorisation shall be submitted to the national supervisory authorities in the state in question, where the applicant is. The national supervisory authorities issue a certificate when the above specified requirements are fulfilled. The certificates may be issued for each type of training;
the certificates specify the rights and duties of professional training providers;
the national surveillance authorities monitor the compliance with the requirements and conditions related to attaining the authorisation. If a national regulation authority finds that the holder of an endorsement no longer fulfils the requirements or conditions, it shall take appropriate measures of revocation of the endorsement;
any Member State of the EU must recognise the endorsements issued.
3.3. ROMANIA
The initial training will ensure that all student air traffic controllers satisfy at least the objectives for basic and rating training, described in Eurocontrol’s „Guidelines for air traffic controller Common Core Content Initial Training “, edition of 21 October 200818, so that air traffic controllers shall be capable of handling the air traffic in a safe, quick and efficient manner. Initial training will cover the following subjects: aviation law, air traffic management, including procedures for civilian-military cooperation, meteorology, navigation, aircraft and principles of flight, including a good understanding between the air traffic controller and the pilot, human factors, equipment and systems, professional environment, safety and safety culture, safety management systems, unusual/emergency situations, degraded systems, linguistic knowledge, including radiotelephony phraseology. 18
Edition 1.0, Date of issue: 21.10.2008, refference no.: EUROCONTROL-SPEC-0113 31
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European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
The initial training will consist of practical and theoretical courses, including simulations, and its duration shall be determined by the approved plans of initial training. The acquired competences shall guarantee the fact that the candidate in question may be considered competent in managing situations of complex and dense traffic, thus facilitating the transition to training within the unit. During the training within the unit, air traffic controllers are properly prepared in terms of security, safety, and crisis management. The training plans within the unit present in detail their stages and duration which are required for applying the local procedures in the unit under the supervision of an on-the-job training instructor. The acquired competences will be assessed by proper exams or through a system of continuous assessment, by the authorised examiners or assessors of competences who shall be objective and impartial. Authorised continuous training of air traffic controllers is the necessary training for maintaining the acquired competences, updating them, acquiring and forming new competences (including linguistic). Continuous training consists, just as training within the unit, of theoretical and practical courses, as well as of simulations. To this end, the training centre, approved by the Competent Authority, determines the curricula for the continuous training (which will be revised at least once every three years), presenting the used procedures, the resources involved (human and material), as well as the optimum duration for ensuring a proper continuous training and of an objective assessment of competences. The licensing system of air traffic controllers contains the issuing and renewal requirements and procedures of rating documents which authorise the ATC personnel to provide air traffic services in Romania. Licensing ATC (Air Traffic Controller) personnel represents one of the methods through which the 19
AACR (Romanian Civil Aeronautical Authority) assures the maintenance of flight safety, ensuring thus that all the personnel involved shall be properly authorised. The RAC-LCTA20 Regulation contains the necessary requirements for licensing this category of aeronautical personnel. Examination requests shall be completed in the Romanian language and sent to the AACR by the aeronautics agent, directly, by mail or by fax, at least 24 days before the examination date. The applicants will complete only the first page of the examination request, as the second page contains the disciplines corresponding to the type of examination held (initial issuing, renewal).
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http://www.caa.ro/licente-personal/controlori-de-trafic.html Licensing procedures of the air traffic control and guidance personnel (RAC-LCTA, aproved by Decision of the General Director AACR no. D 155 of 10.08.1994). 32 20
EUROPEAN UNION
GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
Minimum requirements:
age: 18 - 20 years of age;
experience: specific training course, approved by the AACR and 3 months of practical experience in a ATC unit;
medical certificate: Class III.
Recognition of licences on European Union territory
The licence introduced by Commission Regulation (EU) no. 805 of 10 August 2011 laying down detailed rules for air traffic controllers’ licences and certain certificates, proved to be an effective instrument towards the recognition of the specific role which the air traffic controllers play in conducting air traffic control in secure conditions. Establishing the rating standards at the European Union level reduced the fragmentation in this field, which allowed a more efficient organisation of the activity within a regional cooperation, which is more and more extensive, among the providers of air navigational services. Consequently, preserving and enhancing the common scheme of issuing licences for air traffic controllers in the European Union is an essential element of the European air traffic control system. Directive 2006/23/EC was repealed by Regulation (EC) no. 1108/200921 of the European Parliament and of the Council, amending Regulation (EC) no. 216/2008. Nevertheless, the provisions of Directive 2006/23/EC continue to be applied until the date of application of the measures mentioned in Article 8c paragraph (10) of Regulation (EC) no. 216/2008. The said measures are provided for in the present Regulation. Member States recognise licences of air traffic controllers and of student air traffic controllers, ratings, rating endorsements, and language proficiency endorsements pertaining to these, as well as the related medical certificates issued by other Member States in accordance to Article 29, Commission Regulation (EU) no. 805/201122 of 10 August 2011. Nevertheless, when a Member State provides an age limit less than 21 years based on Article 9 paragraph (3), the right of the holder of the licence of air traffic controller to exercise related privileges is limited to the territory of the Member State which issued the licence until the moment when the holder of the licence reaches the age of 21. When the holder of a licence exercises privileges associated with the licence in a Member State different from that where the licence concerned was issued, the holder of the licence has the right to exchange it with a licence issued by the Member State where the privileges were exercised (host), without imposing additional conditions.
21 22
OJ L.309, 24.11..2009, p. 51-70 OJ L.206, 11.08.2011, p. 32 33
EUROPEAN UNION
3.4.
GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
SOLVIT
SOLVIT23 is a problem solving network, in which Member States of the EU work together to solve, without using legal proceedings, problems caused by the misapplication of Internal Market law, by public authorities. SOLVIT deals with cross-border problems between a business or a citizen on the one hand and a public authority on the other, where there is possible misapplication of EU law. The policy areas SOLVIT has most frequently dealt with are:
Recognition of Professional ratings and diplomas;
Access to education;
Residence permits;
Voting rights;
Social security;
Employment rights;
Driving licences;
Motor vehicle registration;
Border controls;
Market access for products;
Market access for services;
Establishment as self-employed;
Public procurement;
Taxation;
Free movement of capital or payments. Below, are presented the national SOLVIT Centres, of Member States of the European Union which
were analysed: Table 2. National SOLVIT Centres 24
23 24
Member State of the European Union
SOLVIT Centre
Czech Republic
Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a obchodu Na Františku 32 CZ - 11015 Praha 1, Phone: +420 22 422 1701 Fax. +420 22 485 3079, solvit@mpo.cz
Contacts Barbora Hanáková Zuzana Bakotová Tomáš Stehlík
http://ec.europa.eu/solvit/site http://ec.europa.eu/solvit/site/centres 34
EUROPEAN UNION
GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
Continuation of table 2 Member State of the European Union
Denmark
Germany
Spain
Italy
Netherlands
Austria
SOLVIT Centre Danish Business Authority (Internal Market Centre) Langelinie Allé 17 DK - 2100 Copenhagen, Phone: +45 35 46 62 00 (the hotline) Tel. +45 35 46 66 16 Phone: +45 35 46 66 73, SOLVIT@erst.dk Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37 DE - 10115 Berlin, Fax. +49 3018 615 5379 solvit@bmwi.bund.de SOLVIT - España Ministerio de Asuntos Exteriores y de Cooperación, Serrano Galvache 26 ES - 28033 Madrid, Phone: +34 91 379 9999 Fax. +34 91 394 8684, solvit@ue.maec.es Presidenza Consiglio Ministri Dipartimento Politiche Comunitarie, Piazza Nicosia 20, IT - 00186 Roma, Phone: +39 06 677 95 844 Fax. +39 06 677 95 044, solvit@palazzochigi.it SOLVIT Nederland Ministerie van Economische Zaken, Landbouw en Innovatie Bezuidenhoutseweg 30, Postbus 20101 NL - 2500 EC Den Haag, Phone: +31 70 379 7708 Fax. +31 70 379 7014 solvit@mineleni.nl Bundesministerium für Wirtschaft, Familie und Jugend, SOLVIT Center, Abteilung C1/2, Stubenring 1 AT - 1010 Wien, Tel. +43 1 71100-5119 Phone: +43 1 71100 - 5293 Phone: +43 1 71100-5187 Fax. +43 1 71100-2207 solvit@bmwfj.gv.at
Contacts Jens Kasper Rasmussen Sofie Freilev Karin Kragshave Kristian Yde Agerbo
Lisa Teichmann
Ana Iglesias Ana María Hernández Javier Pascual Pontones
Giuseppina VALENTE Francesco CIPRI Massimo SANTORELLI
Koen van Ginneken
Sylvia Vana Alexandra GaudmannHeber Christian Müller
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EUROPEAN UNION
GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
Continuation of table 2 Member State of the European Union
Portugal
Romania
SOLVIT Centre Ministério dos Negócios Estrangeiros, Direcção Geral dos Assuntos Europeus Serviço do Mercado Interno, Rua Cova da Moura, 1, PT - 1350-115 Lisboa, Phone: +351 21 393 57 53; +351 21 393 57 50 +351 21 393 55 54; Fax. +351 21 393 57 98 solvit@dgac.pt Ministry of European Affairs, Government of Romania Bvd. Aviatorilor nr. 50A, Sector 1, Bucharest 011854, Phone: +40 21 308 53 40; +4021 308 53 71; +40 37 410 45 23; Fax. +40 21 308 53 96 solvit@dae.gov.ro
Contacts
Rosarinho MELANCIA Mafalda DE SIQUEIRA
Romulus BENA Karina STAN Ramona-Maria CIUCĂ
IV. THE PRACTICE OF THE AIR TRAFFIC CONTROLLER IN THE EU The air traffic controller supervises and organises the movement of airplanes in the air, while landing and on the ground, by using radar equipment and radio communications. These work in the airports (air traffic control tower), in the control centres of air traffic in cooperation with the members of the crew for assuring the rapid flow of air traffic. Some of them are specialised in general air traffic control beyond the limits of the airports, others specialise in detecting aircraft that actually violate national airspace. The air traffic controller must communicate with the pilots by radio, to solve different situations in the air traffic, to give the necessary information to the pilot onboard the aircraft, as well as to the shift manager of the air traffic control, to give orders and permissions for take-off, landing, flight at certain altitudes, etc. In order to fulfil the particularly important and strategic mission which the air traffic controllers play in conducting air traffic control safely, they have at hand the computerised technology, radio receivers and transmitters, radar and control panel with a tracking screen. Practicing the privileges awarded by a licence depends upon the validity of the ratings, endorsements and of the medical certificate. Holders of a licence of air traffic controller are authorised to provide air traffic control services in accordance with their ratings and rating endorsements on their licence. Licences of air traffic controller include one or more of the following ratings, in order to the type of services which the licence holder may provide:
36
EUROPEAN UNION
GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
(a) Aerodrome Control Visual (ADV) rating, which shall indicate that the holder of the licence is competent to provide air traffic control service to aerodrome traffic at an aerodrome that has no published instrument approach or departure procedures; (b) Aerodrome Control Instrument (ADI) rating, which shall indicate that the holder of the licence is competent to provide air traffic control service to aerodrome traffic at an aerodrome that has published instrument approach or departure procedures and shall be accompanied by at least one of the rating endorsements described in Article 11 paragraph (1); (c) Approach Control Procedural (APP) rating, which shall indicate that the holder of the licence is competent to provide air traffic control service to arriving, departing or transiting aircraft without the use of surveillance equipment; (d) Approach Control Surveillance (APS) rating, which shall indicate that the holder of the licence is competent to provide air traffic control service to arriving, departing or transiting aircraft, with the use of surveillance equipment and shall be accompanied by at least one of the rating endorsements described in Article 11 paragraph (2); (e) Area Control Procedural (ACP) rating, which shall indicate that the holder of the licence is competent to provide air traffic control service to aircraft, without the use of surveillance equipment; (d) Area Control Surveillance (ACS) rating, which shall indicate that the holder of the licence is competent to provide air traffic control service to aircraft, with the use of surveillance equipment and shall be accompanied by at least one of the rating endorsements described in Article 11 paragraph (3). In order to practice the profession of: air traffic controller, the national (the applicant) shall participate in an examination/competition which shall include the following eliminatory stages:
A medical visit carried out in an institution authorised by the Competent Authority in the state in question (in Romania: the National Institute of Aeronautical and Space Medicine Bucharest (INMAS)) for attaining a Class 3 medical certification, which shall include also a chest X-ray exam. The costs of the medical visit shall be covered by the applicant;
Assessment test of English language knowledge (listening, comprehension, speaking). Applicants declared “ADMITTED” following the medical visit shall participate. During the test - the speaking phase - the diction of the applicant will also be checked;
The EUROCONTROL test in English First European Air Traffic Controller Selection Test (FEAST) which will be held in accordance with the recommendations set by EUROCONTROL (European Organisation for the Safety of Air Navigation), as holder of the test. Applicants declared “ADMITTED” following the assessment test of English language knowledge.
Interview - applicants declared “ADMITTED” following the FEAST test (in Romania, knowledge of the Romanian language is mandatory). 37
EUROPEAN UNION
GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
The Competent Authority may be the same body or bodies designated or established in accordance with Article 4 of Regulation (EC) no. 549/200425 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky, amended by Regulation (EC) no. 1070/200926. The European Aviation Safety Agency – AESA27 must act, as the Competent Authority for the purpose of this Regulation, towards issuing and renewing the certificates of the training organisations for air traffic controllers which are outside the territory of the Member States and, if needed, of their personnel. In accordance with the Act on the status of the civilian air traffic controller in Romania, section 2, Art. 32, air traffic controllers, have the following duties:
Make every effort to prevent any deed/act that might endanger the safety of air traffic, the life of the personnel or of the passengers on board the aircraft;
To inform the Air Traffic Unit management, in accordance with the provisions of Article 34, paragraph (1) of this Act, of any irregularity, misconduct or deficiencies in the activity of handling, control and/or information which could result in jeopardizing air traffic safety;
To participate in the professional training and improvement courses organised by the employer, as well as by other institutions especially authorised;
To know and to correctly apply the civilian aeronautic procedures, instructions, norms and regulations applicable to the air traffic control and information activity which he/she performs;
To know and to comply with the requirements of flight quality and safety established for the air traffic control activity performed;
To comply with the work and rest time limits established by the applicable regulations;
To go to the mandatory medical examinations;
To inform the competent authorities concerning situations where the labour conditions, the work environment or any other measures applied affect or may affect and adversely influence the activity of air traffic management, control and/or information;
Not to use and not be under the influence of alcoholic beverages on the job;
Not to use hallucinogenic or psychotropic substances;
Not to exercise any of the duties by virtue of the CTA Licence when his/her physical or mental health is diminished to an extent that could affect the quality and safety with which he/she provides the services of air traffic management, control and/or information and to inform his/her employer about his/her unfitness;
25
OJ L 96, 31.03.2004, p. 10 OJ L 300, 14.11.2009, p. 34 - 50 27 OJ L 240, 07.09.2002, p. 1 - 21 26
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EUROPEAN UNION
GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
To preserve professional confidentiality according to the law.
CONCLUSIONS
Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on Community air traffic controller licence, was repealed by Regulation (EC) no. 1108/2009 of the European Parliament and of the Council, however, the provisions of this Directive continue to be applied until the date of application of the measures mentioned in Article 8c paragraph (10) of Regulation (EC) no. 216/2008. The licence introduced by Commission Regulation (UE) no. 805 of 10 August 2011 laying down detailed rules for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) no. 216/2008 of the European Parliament and of the Council has proven to be an efficient instrument for the recognition of the specific role which the air traffic controllers play in safely conducting air traffic control. Member States recognise licences of air traffic controller and of student air traffic controller, the ratings, rating endorsements and language proficiency endorsements related to these, as well as the related medical certificates issued by other Member States in accordance with Article 29, Commission Regulation (EU) no. 805/2011 of 10 August 2011, laying down detailed rules for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) no. 216/2008 of the European Parliament and of the Council. Practicing the privileges acquired through a licence of air traffic controller depends on the validity of the ratings, of the certifications and of the medical certificate, held by the applicant. When a licence holder practices the privileges related to the licence in a Member State different than that where the licence in question was issued, he has the right to exchange the licence with one issued by the Member State where the privileges are practiced (host), without imposing additional requirements. Establishing proficiency standards at the European Union level reduced the fragmentation in this field, allowing a more efficient organization of the activity in an increasing regional collaboration between air navigation service providers. Maintaining and strengthening the common system of issuing air traffic controller licences in the European Union is an essential element of the European air traffic control system.
39
EUROPEAN UNION
GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
BIBLIOGRAPHY
1. Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006, on Community air traffic controller licence OJ L 114, p. 22, Special edition, 07/vol. 15, p. 196; 2. Regulation (EC) no. 216/2008 of the European Parliament and of the Council, of 20 February 2008, on common rules in the field of civil aviation and establishing a European Aviation Safety Agency; 3. Regulation (EC) no. 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) no. 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive 2006/23/EC, OJ L 309, 24.11.2009, p. 51 – 70; 4. Commission Regulation (EU) no. 805 of 10 August 2011 laying down detailed rules for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) no. 216/2008 of the European Parliament and of the Council; 5. Regulation no. 550 of the European Parliament and of the Council of 10 March 2004, on the provision of air navigation services in the single European sky (the service provision Regulation), OJ L 96, 31.03.2004, p. 239 – 248; 6. Decreto legislativo n. 206 del 6 novembre 2007, G.U. n. 261 del 9 novembre 2007, Suppl. Ordinario n. 228 (Attuazione della direttiva 2005/36/CE relativa al riconoscimento delle qualifiche professionali, nonche' della direttiva 2006/100/CE che adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania); 7. OMTI no. 148/2012, on measures of implementation of Commission Regulation (EU) no. 805/2011 laying down detailed rules for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) no. 216/2008 of the European Parliament and of the Council, Official Journal of Romania, Part I, no. 136/2012; 8. Licensing procedures of the air traffic control and guidance personnel (RAC-LCTA, approved by the Decision of the General Director AACR no. D 155 of 10.08.1994); 9. Guidelines concerning the common core curricula for initial training of air traffic controllers, Edition 1.0, Date of issue: 21.10.2008, reference no.: EUROCONTROL-SPEC-0113; 10. Decreto del Presidente della Repubblica 28 dicembre 2000, n. 445 – Disposizioni legislative in materia di documentazione amministrativa. (Testo A), Gazzetta Ufficiale n. 42 del 20 febbraio 2001 – Supplemento ordinario n. 30;
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GOVERNMENT OF ROMNIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
11. http://ec.europa.eu/solvit/site; 12. http://ec.europa.eu/solvit/site/centres; 13. www.nuffic.nl/en/diploma-recognition/professional-recognition; 14. http://www.caa.ro/licente-personal/controlori-de-trafic.html; 15. https://zoek.officielebekendmakingen.nl/kst-32316-3.html.
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