MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
Invest in people! EUROPEAN SOCIAL FUND Human Resources Development District Operational Program 2007 – 2013 Priority Axis 3 „WORKERS AND COMPANIES ADAPTABILITY DEVELOPMENT” Intervention major field 3.3 „Partnerships development and encouragining initiatives of social parteners and civil society" Title of the project: “Competent Authorities Network for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: Ministry of National Education Contract no. POSDRU/93/3.3/S/53132
CERTIFICATION AND RECOGNITION GUIDE OF THE VEHICLE INSPECTOR PROFESSION
Author: ETS ANC: Dr. Eng. Carmen Debeleac
1
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
CONTENTS Introduction..................................................................................
3
1. Situation of the regulation in Romania and in other member states of European Union of the Vehicle Inspector profession…............
5
2. Validation/certification procedures of the competences applied by CA in the countries in which the profession is regulated................... 2.1 Validation/certification procedure of the competences in order to exercise the Vehicle inspector profession in Czech Republic............................................................. 2.2 Validation/certification procedure of the competences in order to exercise the Vehicle inspector profession in Netherland........................................................................... 2.3 Validation/certification procedure of the competences in order to exercise the Vehicle inspector profession in Romania........................................................................ 3. Recognition processes of the qualifications obtained in other member states of European Union ................................................ 3.1 Recognition process in Czech Republic of the Vehicle Inspector qualification obtained in other MS of EU................. 3.2 Recognition process in Netherland of the Vehicle Inspector qualification obtained in other MS of EU................. 3.3 Recognition process in Romania of the Vehicle Inspector qualification obtained in other MS of EU...................... 3.4 SOLVIT…………………………………………............ 4. Exercise of the Vehicle inspector profession in EU………............. 2
9 9
11
14 17
21
27
29 30 34
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
4.1 Exercise of the Vehicle inspector profession in Czech Republic............................................................. 4.2 Exercise of the Vehicle inspector profession in Netherland ............. 4.3 Exercise of the Vehicle inspector profession in Romania.......... Conclusion...…………………………………………………..... Bibliography ………..………………………………………….. APPENDIX ………………………………………………….....
35 37 37 40 43 45
INTRODUCTION The Guide for the certification of competences and the recognition of the Vehicle Inspector profession is one of the project results of the Competent Authorities Network for the Professional Qualifications in Romania - IMIPQNET implemented by the Ministry of National Education (MNE) in partnership with the National Authority for Qualifications (NAQ) and with the Institute for Social Policies (ISP), co-financed from the European Social Fund by the District Operational Program for the Human Resources Development 2007 – 2013 (POSDRU). In the project have been analyzed, together with the representatives of the Competent Authorities, the validation and certification procedures of the competences and the recognition processes of the qualifications for each profession regulated in Romania highlighting the common elements, resulting finally as the standard schema of competences 3
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
validation and certification corresponding to all regulated professions and for the recognition process of the qualifications. There have also been made comparative analyses between Romania and a few of the member states (MS) of European Union (EU) regarding he modality to obtain the qualifications, the education system and the professional training, types of documents (diplomas, certificates, competence certificates) that may be obtained at the training certification, regulations regarding the validation, certification and recognition of qualifications, professions regulated according to directive 2005/36/CE1 regarding the recognition of professional qualifications. In the project have been organized study visits in MS of EU where took part the members of the IMIPQNET work group together with the experts of the Ministry of National Education and of National Authorities for Qualifications. This guide is made according to ther orientative standard reference terms for the validation and certification procedures of the competences and of the recognition processes for the qualifications, elaborated in the project and validated in the working group workshops. The elaboration of the guide for the certification and recognition of the Vehicle inspector profession ensures:
1
JO L 255, 30.09.2005, p. 22 - 123 4
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
the support of the Competent Authority in Romania (in the present
case
the
Romanian
Driving
Register) in
the
standardization activity of the certification and recogniton processes of the professions regulated it manages, by informing regarding the existing practices in a few MS of EU where these professions are also regulated;
informing the persons who got qualifications in periodical technical inspections field in Romania and who wish to practice this profession in some of MS from EU.
1. SITUATION OF THE REGULATION IN ROMANIA AND IN OTHER MEMBER STATES OF THE EUROPEAN UNION OF THE VEHICLE INSPECTOR PROFESSION The Vehicle inspector profession is regulated in 6 MS of EU (table 1), as results having consulted the data base of the information system of the internal market – IMI2. Table 1. MS of EU in which the profession is regulated Name of profession SM/EN
2
SM
Name of CA
Recognition according to Directive 2005/36/CE
http://ec.europa.eu/internal_market/qualifications/regprof accessed on 20.05.2013 5
Level of qualification
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
Controleur Technique de vehicles/ Vehicle inspector, Light vehicle standard officer Keurmeester periodieke keuring lichte voertuigen/ Vehicle inspector, Light vehicle standard officer
Inspection technician of the K type/ Car technician
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
France
-
Netherland
RDW + Innovam Groep
Czech Republic
Minister of Transport
Recognition of the professional experience IV Appendix – Automatic recognition
Recognition general system at the first application Recognition general system at the first application (Act No. 56/2001 Coll., Decree No. 341/2002 Coll.)
-
Competence certificate Art. 11a
Certificate that certifies the secondary education graduation Art.11b
Continuation of Table 1 Name of the profession SM/EN
SM
Name of CA
Inspector ITP/ Vehicle inspector, Light vehicle standard officer
Romania
Romanian Driving Register
Diagnosta uprawniony do wykonywania badań technicznych pojazdów)/ Diagnostics technician at vehicle control station Kontrolný technik oprávnený vykonávať technické kontroly vozidiel
Poland
Slovakia
Technical transport supervising directorate
Ministry of Education, Recognition of education Centre
6
Recognition according to Directive 2005/36/CE Recognition general system at the first application
Recognition general system at the first application
Recognition general system at the first application
Level of qualification
Competence certificate Art. 11a
University or universiy college education diploma
-
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
The generic title of this profession regulated is Vehicle inspector or Light vehicle standard officer and is represented as follows: in France – Driving technical Inspector (Controleur technique de vehicles), in Netherand – Light vehicles technical Inspector (Keurmeester periodieke keuring lichte voertuigen), in Czech Republic – Inspector technician of the K type (Inspection technician of the K type), in Romania – Vehicles inspector, in Poland – Diagnostician authorized to do the technical inspection of vehicles (Diagnosta uprawniony do wykonywania badań technicznych pojazdów), in Slovakia – Technical verifier that does the technical inspection of vehicles (Kontrolný technik oprávnený vykonávať technické kontroly vozidiel). From MS of EU visited and analyzed in a comparative way by the methodological experts of National Authority for Qualifications, according to the legislation in professional qualifications field and of their recognition, in 3 of the visited countries is found regulated the vehicles inspector profession: Czech Republic, Netherland and Romania. The normative acts that are the basis of the vehicles inspector profession regulation in the countries compared in this guide are given in table 2. Table 2. Situation of the profession regulation Country
Normative Acts
7
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
Romania Czech Republic Netherland
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
OMTCT no. 2.133 from 8.12.2005 - RNTR 1, published in MO, I Part, no.1160 from 21.12.2005, with further amendments and addenda3 Law 56/2001 Coll. Decree 341/2002 Coll JAI 2011/7245 – Examination methodology of the light vehicles technical inspectors (AK2)
Romania is among countries in which the technical inspection of vehicles is regulated as a distinct profession, together with Czech Republic, Netherland, Slovakia, Poland and France. The mobility of the vehicles inspectors on the labor market in EU is lower; there are a number of 28 requests through the IMI system registered till the end of year 2012. In table 3 are centralized these requests acording to host MS and to the type of answer received for the recognition request of the professional qualification as vehicle inspector. Table 3. Situation of the recognition for the vehicle inspector profession in EU
3
Minister of Transports, Constructions and Turism Order no. 2.133 from 8 december 2005 for the approval of the Regulations regarding the certification of the road vehicles framing registered accoding to the technical norms with respect to the road driving safety, environment protection and in the category of use according to the destination, by the periodical technical inspection - RNTR 1, Published in the Official Gazette, I Part, no. 1160 from 21 december 2005, with further amendments and addenda 8
MINISTRY OF NATIONAL EDUCATION
Automatic negative answer by the general system (after taking a capacity test)
Structural Instruments 2007 - 2013
Postive answer by the general system after proving the professional experience
Postive answer by the general system (after taking the capacity test)
European Social Fundul POS DRU 2007- 2013
Automatic postive answer by the general system (no compensatory measures)
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
Origin country where the qualification was obtained
EUROPEAN UNION
Belgium France Germany Ireland Great Britain Total Countries EU
1 0 0 0
11 1 8 0
3 0 0 1
0 1 0 0
0
2
0
0
1
22
4
1
We notice that most of the decisions (78.5%) taken by the Competent Authorities (CA) in MS of EU are those positive ones (by the recognition general system) obtained after imposing some compensatory measures consisting in taking a capacity test.
2. VALIDATION/CERTIFICATION PROCEDURES FOR THE COMPETENCES APPLIED BY CA IN THE COUNTRIES IN WHICH THE PROFESSION IS REGULATED
9
MINISTRY OF NATIONAL EDUCATION ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
EUROPEAN UNION
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
2.1. Validation/certification procedure for the competences
in order to exercise the Vehicle inspector profession in Czech Republic
In the Czech Republic, the name of the profession is Light vehicles technical Inspector of type K, and the Competent Authorities are The Regional Authorities of the Ministry of Transport in Czech Republic. The legislative acts that regulate the profession are Law 56/2001 Coll. and the Decree 341/2002 Coll. The access conditions imposed to a person who wishes to become a vehicle inspector are the following: a) education: secondary education finished with a bachelor examination; b) experience of 3 years as a control technician for vehicles of type K; c) statement about the deviations provoked during the performance of the professional activity (it is not compulsory but it is recommended to be done); d) knowledges about computer use; e) certificate as a control technician for vehicles of type K (light vehicles);
10
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
For the validation of the professional training one has an examination before an Examination Board that is made of members of the Ministry of Transport. The examining tax to get the professional competence certificate is of 500 CZK. The Regional Authorities of the Ministry of Transport in Czech Republic issues the following certificates: -
the professional competence certificate for the vehicle inspector for vehicles of type K (light);
-
the professional competence certificate for the technical inspector that verifies the vehicles equipted with instalations with liquefied petroleum gas supply system (GPL);
-
the professional competence certificate for the technical inspector that verifies the vehicles equiped with instalations of compressed gas supply system (GNC).
The validity term of these certificates is of 2 years.
2.2. Validation/certification procedure for the competences in order to exercise the Vehicle inspector profession in Neterland
In Netherland, the name of the profession is Technical inspector of light vehicles, and the Competent Authority is the Road Transport Directorate 11
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
(Directie van de Dienst Wegverkeer - RDW) and Innovam Groep by Exmination and certification Institute – IBKI. The legislative act that regulates the profession is JAI 2011/7245 – the Methodology for the examination of technical inspectors for light vehicles (class AK2). A person who wishes to become a vehicle inspector must fulfill the following conditions: a) education: secondary education; b) professional experience of 3 years in the activity of maintenance or repairs of light vehicles; c) taking an examination (registration is also done directly on the site of Examination and certification Institute – IBKI). For the registration at the examination for finishing the professional training modulule of the vehicles inspectors are necessary the following documents: -
registration form for the examination;
-
identity document;
-
driving licence;
-
the proves regarding the fulfillment of the access conditions;
-
the prove of the examination payment.
The validity of the education results after the end of the professional training cycle and is as follows: 12
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
-
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
it designated an Examination Board that is made of a president, secretary and at least two examining members;
-
they have an examination in which the knowledge of the candidate is valuated, knowledge necessary to make the periodical technical inspections stipulated at article 75 from Law in 1994 regarding the road traffic in Netherland.
The duration of the examination is of half a day. The examination is in Dutch language, so he must prove the linguistic competences. Th first part of the examiantion consists in a written test (30 min.) with 65 with grid questions from procedures and regulations regarding the performance of a technical inspection (the testing data processing, elaboration of the testing complete report, interpretation of the taken tests results and their statistic processing, procedural information, knowledge about the legislation regarding the compulsory periodic inspections). The second part of the examination consists in a practical test (80 min.) in which are tested the knowledges referring to: the braking system, steering, chassis, bodywork, lighting etc. The conditions to pass the examination are: passing the written examination with a minimum grade of 6 and 36 points obtained at the practical testing (only 2 practical tests are accepted with the grade 5 and none below 5). 13
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
The examination tax is imposed by the Examination and certification Institute – IBKI from Innovam Groep. IBKI and RDW (which are CA) issue the professional competence certificate for the vehicle inspector which model is attached below.
- first page -
- back page 2.3. Validation/certification procedure for the competences in order to exercise the vehicle inspector profession in Romania 14
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
The profession of vehicle inspector or technical inspector is regulated in Romania, and the citizens having this profession may perform their activity only if they are certified in this respect by the Competent Authority Romanian Driving Register. The access conditions for the vehicle inspector certificationare the following: a) qualification: a1) road vehicles engineer or automobiles mechanic engineer or similar legal qualifications; a2)
mechanic
engineer,
electromechanic
engineer,
mechanical foreman, electromechanic foreman, mechanic technician,
electromechanic
tehnician
or
transports
technician or similar legal qualifications; b) driving licence corresponding to the vehicle class, keeping to the requests: for I class – driving lincence class A; for the II class – driving licence class B; for the III class – driving licence class C and/or D; c) minimum 3 years in maintenance or vehicles repairs activity (mechanic or electromechanic activities), or in technic approval and verification activities for vehicles, for the persons qualified according to the previsions of lett. a2). The
necessary
documents
for
the
file
regarding
the
Certification/Recertification as vehicle inspector are similar to those requested by CA in MS of EU previously presented: 15
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
a) certification/recertification application form, that shall include according to the situation, also a recommendation from the legal person part where he will perform his activity; b) identity document, in copy; c) education diploma or a professional qualification diploma, in copy (at the certification); d) driving licence, in copy; e) copies certificated for the conformity with the original to prove the 3 years activity of vehicle maintenance and/or vehicles repairs (at the certification); f) graduation prove of the training course (at the certification), in copy; g) certificate obtained at the previous certification/recertification (only if it is in the validity period). The certification/recertification validy as vehicle inspector is done after attending the following modules (as required): -
preparatory course about the construction and operation of road vehicles, of 3 days that finish with a theoretic examination and passing it allows the continuation of the certification procedure (only for those that have 1 – 3 years of activity);
-
certification program (4 days) or of recertification (of 1 day), both finishing by an examination (theoretic – grid type and practical);
16
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
-
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
for the certification of the personnel that does vehicles verification to the vehicles equipted with installation of liquified petroleum gas supply system (GPL) or with installation of compressed gas supply (GNC) is conditioned by the graduation of a certification program additionaly organized by RAR.
By comparison with the other MS of EU, we notice that also in our country the validation of the education results is done by having in front of the Examination Board some examinations with theoretical and/or practical tests. The examination taxes are set by RAR and may be consulted (at their updated value) at the link: http://www.rarom.ro/RO/article-Atest%C4%83ri%20inspectori%20ITP--267.html.
The certification as a technic inspector is done with no payment if the application form for the certification includes the recommendation from the legal person where he shall perform the activity. Otherwise the atestation shall be done for a fee. Attending the preparatory course about the construction and operation of road vehicles is also done for a fee, the same as for getting a new atestation certificate. For the certification of the vehicle inspector, RAR issues an atestation certificate, its model being presented on the next page.
17
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
- first page In Romania, the validity of the certificate issued by RAR is of 2 years.
3. RECOGNITION PROCESSES OF THE QUALIFICATIONS OBTAINED IN OTHER MEMBER STATES OF EUROPEAN UNION In order to recognize the professional qualifications the Directive 2005/36/CE presents three recognition ways by: 
the automatic recogniton system appliable for the following professions: nurse, dentist, veterinary, midwife, architect, pharmacist and doctor; 18
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
recognition general system based on mutual trust between member states of Euopean Union, applicable for a number of professions. In this situation the recognition is not automatic, but it needs a comparison between the professional training courses – stipulated in the two states, as well as the possibility in case of "substantial differences", for compensatory measures (capacity test or an adaptation period);
the system based on the professional experience gained in the origin state, that applies to the artisanal, commercial or industrial activities (listed in the Directive 2005/36/CE – Appendix IV) and stipulates the automatic recognition if there are fulfilled the conditions stipulated expressly for each professional class.
From the point of view of the level of qualifications that submit to the recognition general system, Directive 2005/36/CE regarding the recognition of professional qualifications identifies 5 levels of professional qualification:
competence certificate issued by a competent authority in the origin member state origine, that certifies wither the owner gained the general kowledge corresponding to a training at the secondary or high-school education level, or that he attended the professional training courses that are not the object of a certificate or a diploma, either it passed a special examination 19
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
without prior training, or that he has a profesional experience of three years;
certificate that corresponds to a cycle of technical or professional secondary studies, or of a general nature, completed by a professional training;
diploma that certifies the graduation of some training courses at the level of secondary education level with a duration of at least one year or of some training courses that prepair for a comparable level of responsibilities and positions;
diploma that certifies the graduation of some training courses at the level of secondary or universitary education with a duration of at least three years and at most four years;
diploma that certifies the graduation of some training courses at the level of secondary or universitary education with a duration of at least four years.
MS of EU have been obliged to comply with the request of the Directive 2005/36/CE through its implementation in the national legislation. Thus, the relevant information regarding the recognition procedure valid in each MS are included in the national legislation by the implementation of Directive 2005/36/CE and may be obtained from the National Contact Points (National Contact Points) for the recognition of qualifications, which all MS have been obliged to found (the contact data
are
found
at
the
link
http://ec.europa.eu/internal_market/qualifications/contact/national_contact_points_en.htm).
20
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
The National Contact Point in Romania for the recognition of diplomas/profesional qualifications obtained abroad is the Recognition and equivalence National Centre of Diplomas -rCNRED that may be accessed on the site: www.cnred.edu.ro. The applicant must give the documents necessary for the recognition of the professional qualification at the competent authority that must take a decision in a limited term. If, according to the received documents a positive verdict can not be given then the applicant may be imposed to have a test. Capacity Test may be fi applied by CA in the host MS for the recognition are the differences from the two professional qualifications that must be covered by compensatory measures. As the vehicle inspector activity implies knowing in detail the light and heavy vehicles constructions, as well as their operation principle, the capacity test that contains questions in these fields is frequently imposed for the recognition of the vehicle inspector qualification (table 3). CA in host MS shall set the questions for the capacity test taking into account both the knowledge gained by the applicant during his formal qualification, and the ones he gained in informal or non-formal contexts, like the situation of those that have practical experience. The initiation of the recogniton process as well as the organization of the capacity test may be done by the CA after the applicant proves the payment of a tax that mustn’t be greater than the costs involved and 21
MINISTRY OF NATIONAL EDUCATION ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
EUROPEAN UNION
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
mustn’t be discriminatory towards its own nationals in similar situations. Regarding the profession that is the object of this guide, the recognition in MS of EU in which this profession is regulated, is done according to the recognition general system (at the first application) and/or according to the prove of professional exeperience in the technical inspections activity of the vehicles (heavy, light).
3.1. THE RECOGNITION PROCESS IN CZECH REPUBLIC FOR THE VEHICLE INSPECTOR QUALIFICATION OBTAINED IN OTHER MS OF EU
In Czech Republic the vehicle inspector profession is regulated. The implementation in the Czech legislation of the Directive 2005/36/CE is represented by Act No. 18/2004 Coll.4 according to which the recogniton procedure takes place for the professional qualifications obtained in other MS of EU. The education diplomas obtained in other MS of EU are recognized in Czech Republic according to:
4
Education Law no. 561/2004;
Act No 18/2004 Coll. on the Recognition of Professional Qualifications and Other Competence of the Nationals of EU Member States and amending certain laws (the Act on the Recognition of Professional Qualifications) 22
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
The Regulation of the Education Ministry no. 12/2005 regarding the recognition conditions of the education documents issued by the schools from abroad.
If the content and the application field of the program differ in some parts, or if the applicant doesn’t give the complete documentation that must show the content and the application field of the studied subjects, the regional education department may ask that the deponent have a validation examination. Passing the examination is a precondition for the issuance of the document that recognizes the validity of the foreign education document. If a national wishes to get the recogniton of the professional qualification for the exercise of the vehicle inspector profession then he must go through the following steps of the recognition procedure according to the Act No. 247/2000 Coll: a) obtaining the application form (see APPENDIX) for the recognition of the professional qualification, which may be downloaded on-line from the site: http://uok.msmt.cz/uok or, directly from the Competent Authority meaning the Ministry of Transport or the Ministry of Education, Youth and Sport; b) filling in the appplication form on-line and presenting the following proves:
documents that offer information regarding the name and surname, date of birth, citizenship, mailing address. The identity 23
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
card and the citizenship prove of a MS in the EU must be presented in photocopies, but there are situations in which, for the examination for the purpose of the compliance documents (due to the lack of administrative cooperation), the competent authority may ask the documents in original or authenticated photocopies (authentificated at the notary office); 
documents for the recognition of the regulated profession that the national wishes to exercise in Czech Republic. The professional qualifications proves and/or of other competences they have must prove your education and training, by mentioning the level of education (elementary, secondary, high), the duration and the content of gained education or training. These documents must be translated in Czech language, and if between the origin state and the host one is an international treaty, like the Hague Convention between Romania and Czech Republic (valid since 2001), then the translation is no longer necessary. If the competent authority questions the accuracy and authenticity of the translation or if there was no evidence of the authenticity administratively, the that competent authority is entitled to ask proves translated in Czech language by one of the interpreters on the list of experts/translators of Czech state;

a statement regarding the exercise type of the regulated profession (performance of independent activities or as an 24
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
employee). Regarding this profession the national declares that he performs the professional activity as an employee; 
the receipt according to which one proves the administrative tax payment for the recognition of the professional qualifications (2000 CZK);
c) giving the application form acompanied by the documents required by the competent authority; d) the decision regarding the given request which the competent authority is obliged to issue in term of 60 days from the complete application form deposit (with all requested documents). Regarding the consolidated procedure or a very complex application, the competent authority has the legal obligation to take a decision in term of maximum 90 days. If the decision enters in a legal dispute, the competent authority is obliged to give back in term of 15 working days all the documents the applicant gave. At the end, the competent authority gives a decision in which there are certified the following: the recognition of the professional qualification of the applicant; the national’s request for some compensatory measures of a legal form of adaptation or a capacity test; the rejection of the application for the recognition of the professional qualification; e) appeal against the competent authority decision by an appeal at the Permanent Appeal Commission, in term of 15 days from the competent authority decision announcement (if the national does not agree with the decision taken by it); 25
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
Fig.1 Geneal logical scheme regarding the professional recognition
26
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
Legend: 1) Ati dobandit calificarea profesionala in UE/SE E sau Elvetia si doriti sa va exercitati profesia in Republica Ceha? = Did you obtained your professional qualification in EU/SE E or Switzerland and you wish to exercise your profession in Czech Republic 2) Este reglementata profesia Dvs. in Republica Ceha? = Is your profession regulated in Czech Republic? 3) NU = NO 4) Acces nelimitat pe piata muncii = Unlimited access on the labor market 5) DA = YES 6) Este necesara recunoasterea calificarii? = Is it necessary the recognition of the qualification? 7) Sunteti calificat pentru aceiasi profesie in tara Dvs.? = Are you qualified for the same profession in your country? 8) Directiva nu este aplicabila = The directive is not applicable 9) Doriti sa profesati temporarsau ocazional? = Do you wish to exercise the profession temporary or occasionally? 10) Doriti sa lucrati in Republica Ceha permanent? = Do you wish to work in Czech Republic permanently? 11) Este necesara informarea unei autoritati competente de recunoastere prin declaratie? = Is it necessary the information of a recognition competent authority by a statement?
27
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
12) Sunteti doctor, farmacist, dentist, asistenta medicala, mosa, veterinar, chirurg sau arhitect? = Are you a doctor, phamacist, dentist, nurse, midwife, veterinary, surgeon or an architect? 13) Profesia este reglementata in tara Dvs. sau puteti dovedi ca ultimii 10 ani aveti macar 2 ani de experienta profesionala relevanta? = Your profession is regulated in your country or you are able to prove that during the last 10 years you had at least 2 years of relevant professional experience? 14) Principiul recunoasterii automate poate fi aplicat = The principle of automatic recognition may be applied 15) Directiva nu este aplicabila = The directive is not applicable 16) Sunteti doctor, farmacist, dentist, asistenta medicala, mosa, veterinar, chirurg sau arhitect cu optiunea recunoasterii automate? = Are you a doctor, phamacist, dentist, nurse, midwife, veterinary, surgeon or an architect with the option of auomatic recognition? Continuation Fig. 1
28
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
Legend: 1) DA = YES 2) NU = NO 3) Programul Dvs. va fi comparat cu cel necesar in Republica Ceha? = Your program shall be compared to the necessary one in Czech Republic? 4) Considerind profesia Dvs., sunt siguranta si sanatatea publica puse in pericol? = Considering yor profession, are public safety and health in danger? 29
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
5) Diferenta dintre calificarea Dvs. si cea solicitata in Republica Ceha este mai mare de un nivel? = The differece between your qualification and the one requested in Czech Republic is higher than one level? 6) Calificarea va fi verificata = The qualification shall be verified 7) Exista diferente substantiale in continutul curriculum-ului care nu pot fi acoperite de experienta profesionala? = Are there substantial differences in the curriculum content that can not be covered by the professional experience? 8) Exista diferente substantiale intre programul Dvs. de studii si cel din Republica Ceha, care influienteaza siguranta si sanatatea publica? = Are there substantial differences between your program and the one in Czech Republic that influence the public safety and health? 9) Test de aptitudini sau stagiu de adaptare = Capacity test or adaptation period 10)
CALIFICARE
RECUNOSCUTA
=
RECOGNIZED
QUALIFICATION 11) ACCES LA FURNIZARE DE SERVICII = ACCESS TO SERVICES SUPPLY In fig. 1 is given the logical scheme that is the basis of the performance of the recognition process for the professional qualifications (or the professions) in Czech Republic. Consulting this scheme creates an overview (generaly valid) regarding the complexity of this process and the steps that must be performed to get the recognition of the profession
30
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
that a national wishes to exercise in a county in EU, other than the origin country where the professional qualification has been obtained. In Czech Republic, the recognition of high education carried out in the origin country (any MS of EU) is decided by the public institutions of high education, according to Act No. 111/19985. Ministry of Education, Youth and Sport shall issue a certificate of recognition of the high studies only if it was obtained in a state the Czech Republic has an agreement regarding the recognition of the education documents, or if there are noticed curriculum differences, may propose the fill in of the curriculum by education programs with a similar content, finished with examinations.
3.2. THE RECOGNITION PROCESS IN NETHERLAND OF THE VEHICLE INSPECTOR QUALIFICATION OBTAINED IN OTHER MS OF EU
In general, in Netherland, the professional qualifications are obtained after some examinations that certify the competences of each person, according to law from 7 April 2005 for the amendment of Education and implementation of qualification and professional training qualification terms Law (Stb. 2005, 203; wet experimenten). In this regard there were implemented characteristic training courses after 5
Act No. 111/1998 on Higher Education Institutions and on Amendments and Supplements to Some Other Acts 31
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
attending it the physical persons might get the professional competences necessary for the exercise of a profession6. If a person owns a qualification title obtained in a MS of EU, this person may get the recognition of the right to exercise that profession in Netherland, after presenting an application and the documents necessary for the competent authorities. In Netherland, the vehicle inspector profession is regulated, and a national wishes the recognition of this profession he must present the following documents to the Dutch competent authorities IBKI and RDW: -
certificate issued by the competent authority in the origin country, from which to result that the diploma authorizes, in the origin country, the exercise of the applicant’s profession;
-
document that certifies the activity performed in the origin country, since the reception of the diploma for which is requested the recognition;
-
document that certifies the performance of some internships, some specialty courses or getting other diplomas.
All documents written in Romanian language must be accompanied by the Dutch translation, certified by the Dutch diplomatic or consular authority in the country the diploma has been issued.
6
https://zoek.officielebekendmakingen.nl/kst-32316-3.html 32
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
The term for the examination of the recognition file of the diplomas that certify a certain professional type is stipulated in the community legislation not to exceed three months. At the first performance, or when a change in the situation certified by documents ocurrs, the above mentioned ones, they must also be accompanied by: -
a certificate or a copy of a document to certify the nationality of the supplier;
-
a certificate issued by the competent authority to certify that the owner is legally established in a member state, that he exercises the activities in question or that he is forbidden the right to practice it, permanently or temporary, at the time of issue of the certificate;
-
a document to certify the professional qualifications;
-
a document to certify the accuracy with a full time job of that profession for a period of 2 years during the last 10 years in the country the diploma was obtained.
3.3. THE RECOGNITION PROCESS IN ROMANIA OF THE VEHICLE INSPECTOR QUALIFICATION OBTAINED IN OTHER MS OF EU
The vehicle inspector profession is regulated in Romania and recognized by the general system, the level of education being framed at 33
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
the Professions regulated for which the duration of studies is of at least 3 years of high education. The recognition of the profession is done according to the general provisions from Law 200/2004 given the fact that OMTCT 2133/2005 has no specific provisions for the recognition process of the vehicle inspector profession. For the recognition profession might be necessary, according to the situation, presenting the following documents: a) the nationality prove (identity card copy or passport); b) driving licence; c) a copy of the professional competence certificate or the qualification title that confers the access to the profession; d) informations about the continuous professional development, seminars and all means of training to which the applicants took part, apart from the initial training, because the additional training may compensate the significant differences between the qualifications and, thus, may be avoided the application of a compensatory measure; e) professional experience prove; f) other documents if necessary.
3.4. SOLVIT
34
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
SOLVIT7 is a network by which are solved, without having to resort to legal procedures, a wide range of issues by MS of EU that mutualy help each other in solving the unwanted situations appeared by inappropriate appling of law regarding the internal market, by the public authorities. If the community legislation has been inappropriate applied, SOLVIT may solve the cross-border issues appeared between an economic agent or a citizen and a public authority. The political fields that frequently find the solving of issues by SOLVIT are the the following: - professional recognition of qualifications and of diplomas; - access to education; - residence permits; - right to vote; - social security; - employment law for a job; - driving licences; - registration of motor vehicles; - frontier control; - access on the products market; - access on the services market; - setting as a freelancer; - public procurement; 7
http://ec.europa.eu/solvit/site 35
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
- taxation; - free movement of capitals and payments. When a case is given to be solved by SOLVIT, the SOLVIT local centre must verify if it is about one of the issues it may solve (eg. An inappropriate application of the internal market rules) informing from the available documents. Then, after the verification, the case is registered in an electronic data base and in this way the information is automaticaly sent to the SOLVIT centre in the other MS where the issue in question appeared. The term in which responsible SOLVIT centre might confirm the taking over the case is of one week. If solving an issue involves the repeal of a national law – and not only its application in an appropriate way – this thing needs a greater period to answer because it is necessary of a formal legal action. There are also situations in which SOLVIT may take measures to convince MS in question to give up the incorrect rules application, and this thing might be done before that law repeal. Between the two SOLVIT centres there is a close collaboration in solving the appeared issues, and the “origin” SOLVIT centre has the obligation to current inform regarding how the cases are solved. In table 4 are given information regarding the SOLVIT National Centres in a few MS of EU. 36
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
Table 4. SOLVIT national centres8 MS of EU
SOLVIT Centre Odbor vnitřního trhu a služeb EU,
Czech
Ministerstvo průmyslu a obchodu
Republic
Na Františku 32 CZ - 11015 Praha 1, solvit@mpo.cz Danish Business Authority
Denmark
(Internal Market Centre), Langelinie Allé 17 DK - 2100 Copenhagen, solvit@erst.dk Bundesministerium für Wirtschaft und Technologie,
Germany
Scharnhorststr. 34-37, DE - 10115 Berlin, solvit@bmwi.bund.de Ministerio de Asuntos Exteriores y de Cooperación,
Spain
Serrano Galvache 26, ES - 28033 Madrid, solvit@ue.maec.es Presidenza Consiglio Ministri,
Italy
Dipartimento Politiche Comunitarie, Piazza Nicosia 20 IT - 00186 Roma, solvit@palazzochigi.it
Continuation of Table 4
8
http://ec.europa.eu/solvit/site/centres 37
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
MS of EU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
SOLVIT Centre Ministerie van Economische Zaken, Landbouw en
Netherland
Innovatie, Bezuidenhoutseweg 30, Postbus 20101, NL - 2500 EC Den Haag, solvit@mineleni.nl Bundesministerium für Wirtschaft, Familie und Jugend,
Austria
SOLVIT Center, Abteilung C1/2, Stubenring 1, AT - 1010 Wien, solvit@bmwfj.gv.at Ministério dos Negócios Estrangeiros,
Portugal
Direcção Geral dos Assuntos Europeus Serviço do Mercado Interno, solvit@dgac.pt Ministerul Afacerilor Externe, Guvernul României,
Romania
Bvd. Aviatorilor nr. 50A, Sector 1, Bucureşti 011854, solvit@dae.gov.ro
4. EXERCISE OF THE VEHICLE INSPECTOR PROFESSION IN EU In MS of EU comparatively analyzed in this guide, the vehicle inspectors can not exercise the activity as freelancers, only as employees in the authorized stations for the periodical inspections performance.
38
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
During the exercise of the vehicle inspector profession in MS of EU presented in this guide, the persons shall be subject to the professional norms in that country having the same rights and obligations as the citizens of the host country. To exercise the vehicle inspector profession in EU, there are no requests related to citizenship or the applicant residence. The competent authorities in the country in which a person wishes to perform services request that at the first movement to be informed in this regard by a statement that includes the information related to the insurance coverage or other means of personal or collective protection with respect to the professional responsibility. This statement is annually renewed. If there are changes in the personal situation, according to which the conditions to grant the vehicle inspector certificate are no longer fulfilled, the persons in question are obliged to announce the competent authority. At European level there isn’t a professional association to promote the rights and obligations of vehicle inspectors and no directive to regulate their professional training.
4.1. Exercise of the vehicle inspector profession in Czech Republic
39
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
To maintain the validity of the certificates obtained by the vehicle instructors, they must have basic and perfecting courses held in institutions authorized by the Ministry of Transport in Czech Republic. The schedualling for participation to these courses is done 3 months in advance. The period in which these courses shall take place is published on the site of the institutions. The Czech Legislation regarding the procedures for the performance of common technical inspection, periodical technical inspection of the vehicles and of the characteristic issues of operation for the vehicles of type K includes: -
Law no. 56/2001 Coll., Operation of vehicles on the road, with further amendments,
-
Decree no. 302/2001 Coll. Adequate operation of vehicles with emissions;
-
Decree no. 341/2002 Coll., Approval of the technical competence and technical conditions for the operation of vehicles on the road, with further amendments;
-
Law no. 111/1994 regarding the road transport, with further amendments,
-
Decree no. 478/2000 Coll. regarding the implementation of the law regarding the road transport, Art. 3.
The professional competence certificate of the vehicle inspectors issued by the Czech regional authority in whose administrative district shall 40
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
perform his professional activity the technical inspection station operator. There is no mandatory registration of the vehicle inspector in a professional specialty organization or in another body with the supervisory role of the professional activity. In Czech Republic is not imposed the registration in advance in a register or requests related to citizenship or to the applicant residence.
4.2. Exercise of the vehicle inspector profession in Netherland In order to maintain the right to exercise the profession, the vehicle inspectors in Netherland must attend some perfecting courses organized at Innovam Groep (by the Examination and certification institute – IBKI) who has the task of monitoring their activity during the validity of the professional competence certificate. The recertification procedure of the vehicle inspector provides the examination only in Dutch language and, thus, a person who wishes to recognize the qualification obtained in another MS of EU must prove the linguistic competences (in writing and in speaking). Even in Netherland there are no requests for an advance registration in a register or requests related to citizenship or applicant residence.
4.3. Exercise the vehicle inspector profession in Romania 41
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
The supervision of the technical inspectors activity and the administrative penalties of those that are guilty about the possible deviations at the workplace is the responsibility of RAR and the management of the station authorized for the periodical technical inspections of the vehicles. During the validity of the certification of the attestation may be annualy organized by RAR improvement courses of the professional training for the technical inspectors, bu they are not compulsory as in the case of the other MS of EU previously presented. The certificated person shall receive from RAR a personalized stamp for the respective Inspection Station that shall be used in his activity as a technical inspector. The stamp shall be withdrown by RAR at the expiration of the attestation certificate validity, at its cancellation or at the termination of the activity in that station. As for the transfer to another inspection station owned by another legal person, shall be given by RAR a new stamp, according to a request made by the authorized person. Technical inspectors can not have and use in the same period of time but only one stamp. Recertification of technical inspectors is granted in the same conditions as the certfication. The technical inspector who has the driving licence cancelled loses his right to do inspections. If a person has her attestation certificate cancelled a second time, she doesn’t have the right to do 42
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
periodical technical inspections for a period of 2 years. The cancellation of the attestation certification of the technical inspectors is done by RAR. The Order that regulates the certification of the vehicle inspectors (OMTCT 2133/2005) stipulates the deviations from the requests to perform the activity as well as the conditions in which the attestation certificate is cancelled. The certification/recertification procedure of the vehicle inspector provides an examination only in Romanian language, by imposing to nationals to know the language (written and speaking level). The right to exercise the profession is granted on a limited period of time (2 years) as long as the vehicle inspector certificate is valid. The same as for the Czech Republic and Netherland too must be highlighted the fact that there are no requests for a registration in advance in a register in Romania and no requests related to citizenship or to applicant residence. The Regulation OMTCT 2133/2005 does not contain distinct stipulations for the access to exercise the activities of occasional and temporary type.
43
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
CONCLUSIONS
The recognition of the vehicle inspector profession in most of MS of EU where this profession is regulated is done according to the recognition general system (at the first application) and/or by proving the professional experience in the activity of technical inspection of vehicles (heavy, light). The only country in EU in which the recognition of the vehicle inspector profession is automatic, after the applicant proves the professional experience, is France. From the point of view of the activity regulation of periodic technical inspections of vehicles (heavy and/or light) are distinguished different levels of qualifications (and also initial trainings) imposed in MS of EU (table 5) for the profession of vehicle inspector. Table 5. Level of initial training of the vehicle inspector Country Czech Republic
Initial training Secondary Education
Netherland
Secondary Education
Romania
Secondary Education or High education
44
Level of qualification Competence Certificate Art.11b Competence Certificate Art. 11a Competence Certificate Art. 11a
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
This irregularity of the qualification level is possibile due to the fact that there is no European legislation (eg. directive) to stipulate the harmonization of the training in this activity field. Due to this, each Competent Authority is forced to take its own decisions for the recognition of this qualification according to the internal legislation (by imposing some adaptation steps, capacity tests etc.). The experience in the vehicle maintenance activity and/or vehicles repairs is imposed as an access condition for the vehicle inspector training in most of MS of EU. The documents from the file made for the enrollment at the training courses, as well as those necessary for the participaton at the examination to get the professional competence certificate are mostly the same as in the countries analyzed in this guide. The professional competence certificates of the vehicle inspectors have a limited validity. In most MS of EU is imposed the continuous professional training to maintain the right to exercise the profession of vehicle inspector. The registration in professional associations is not compulsory in all MS of EU: in Netherland the vehicle inspector must be part of a professional organization Innovam Groep, in Romania and Czech Republic are not
45
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
required professional affiliations to condition the exercise of the profession. In all countries analyzed in this guide the Competent Authorities impose a tax for the examination of the applicants in order to get the certificate as vehicle inspector. The vehicle inspectors can exercise the professional activity as person employed at authorized stations for the periodical technical inspections performance, this profession can not be practiced as vehicle inspector as a freelancer. Romania together with Czech Republic, Netherland, Slovakia, Poland, France etc. is framed among the countries in which the vehicles technical inspection is regulated as a distinct profession.
BIBLIOGRAPHY 1. Directive 2005/36/CE of European Parliament and of the Council from 7 septeber 2005, regarding the recognition of the professional qualifications, JO L 255, 30.09.2005, p. 22 - 123; 2. Law no. 200/2004, regarding the recognition of the diplomas and of the professional qualifications for the professions regulated in Romania, Official Gazette of Romania, I Part, no. 500 from 3 June 2004; 3. Order of the Minister of Transports, Constructions and Turism no. 2.133 from 8 december 2005 for the approval of the 46
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
Regulations regarding the certification of the classinfication of the road vehicles registered in the technical norms regarding the road safety, the environment protection and in the category of use according to the destination, by periodic technical inspection - RNTR 1, Published in the Official Gazette, I Part, no. 1160 from 21 december 2005, with further amendments and addenda; 4. DG Internal Market and Services - Study to provide an Inventory of Reserves of the Activities linked to professional qualifications requirements in 13 EU Member States & assessing their economic impact, Final report Ja. 2012, at http://ec.europa.eu/internal_market/qualifications/docs/news/20 120214-report_en.pdf 5. http://ec.europa.eu/solvit/site; 6. www.nuffic.nl/en/diploma-recognition/professional-recognition 7. http://www.mdcr.cz/ 8. http://uok.msmt.cz/uok/ru_detail.php?id=570&dl=en&flet=&for g=0&ftype=0&fpg=18&ftxt 9. http://uok.msmt.cz/uok/ru_detail.php?id=571&dl=en&flet=&for g=0&ftype=0&fpg=18&ftxt 10. http://www.ibki.nl/ 11. https://zoek.officielebekendmakingen.nl/kst-32316-3.html 12. http://ec.europa.eu/internal_market/qualifications/regprof
47
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
APPENDIX APPLICATION FORM regarding the recognition for the professional qualifications in Czech Republic9) Name of activity: ……………….………….................................. I intend to practice the activity regulated in this form:10) as an employee or in analogical relationship as a salesman under the supervision of an owner as commercial contractor as a freelancer Is the activity regulated in the origin member state /the member state where you come from: yes no Information about the candidate: Name: ………………………………...…………………….… Surname: …………………..………………………………………… Sex:1)
male
-
female
Date of birth: ………..…………………………………………… Place of birth (country/city): ……………………………….........…. Nationality (ties): …...……………………………………………. Fixed residence: …………...……………………………..…….….. 9
Cancel if necessary. Mark the correct information in the box. 48
10
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
Mailing residence:11 ……………...……........ Telephone: …………………………………………..………….…. Mobile: …….……………………………......…………….… Fax: ………………………...………………………………….….... E-mail: ……………………………………………………….........… Personal data about a family member of a candidate:12 Family relationships of the candidate: ………………………………... Name: ………………………………………………………….... Surname: …..…………………………………………………………... Sex:
male
-
female
Date of birth: ………..………………………………………………. Place of birth (country and city): …………………………..……..……. Nationality (ties): …...………………………………………….…... Information about an authorized representative of the applicant:13 Name: ….…...…………………………………………….….….. Surname: …..……………………………………………………….…... Fixed residence:……………………..……………………………....…. Telephone: ……..………………………………………………....... Mobile: ……………….……………………………………… Fax: ………………………………………………………………… 11
Fill in if it is different than the fixed residence. Fill in only if a candidate is not part of EU or a country in the Economic European space or Switzerland, but is a relative of a EU member or a country from the Economic European space or Switerland 13 Fill in only if the applicant is a represented by another person under the power of a lawyer. 49 12
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
E-mail: ……………………………………………………………… Information about the professional qualifications (diploma, certificate or other document): Type of diploma, certificate or other document:14 …………………..... Number of diploma, certificate or document: ……………...... The issuance/Edition, diploma, certificate or document:………. Name, address and country of the institution:…………………………… ……………..………………………………………………………… Duration of studies: ……………. months – years Information related to professional experience –following previous profession or activity in question by the candidate:2) no yes in subordinate position: full time: from …..to…; in total...months) –years1) part-time: from ....to…; in total...months) –years1) in an independent or leading position: from … to…; in total... months1) – years1) Name, address and country of a (an) employer (s): ..…...…...……….......… Proves attached by the canditate at the application form: A. Documents that certify the identity of the candidate: 14
Diploma, certificates or other document obtained after attending and finishing an education cycle (universitary, secondary education) and training. 50
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
identity card documents that prove the nationality represented by a lawyer B Documents that certify the professional qualifications: diploma, certificate or other document description of the content and purpose of education proves regarding the professional experience certificate for profesional qualifications issued by a competent authority in the origin member state/in the member state where the candidate comes from15 C. Documents that certify other competences: clean criminal record or document that certifies that the applicant hasn’t been declared in bankrupt, or document that certifies that the applicant didn’t practice the activity in a responsible way as an authorized agent or as a statutory body or as a member of the statutory body, or as a body of a legal entity regarding his property, with the bankruptcy petition filled in or document that certifies that the applicant wasn’t the subject of some disciplinary or administrative sanctions, or
15
Proves are necessay only if the activity is regulated in the origin member state /in the member state where the candidate comes from 51
MINISTRY OF NATIONAL EDUCATION
EUROPEAN UNION
ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PERSONS PROTECTION AMPOSDRU
European Social Fundul POS DRU 2007- 2013
Structural Instruments 2007 - 2013
document that certifies the applicant has a good physical and psychical health, or document that certifies the efficiency of the financial administration of the candidate, or document that certifies the insurance of the applicant against the financial consequencies of the professional deficiencies On the ……. day…… ……………………… Signature of the candidate Information for the candidates: An identity card, the prove of nationality, the professional qualification and other competences are necessary in original or copy. The prove of the professional qualifications and other competences must be translated in Czech language if they are not issued in Czech Republic or if the international treaty, that Czech Republic is bound, doesn’t mention different conditions. The proves of the other attached competences, except those that certify the efficiency of the financial administration, can not be older than 3 months. Under current legislation, meaning Act No. 634/2004 Coll. In the taxes administration, an administrative tax of CZK 2000 is collected for the recognition of the professional qualification. If there is another recognition authority e.g. training room, an internal rule of this room establishes the amount of fees.
52