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

Regulation 2

SCHEDULE 1 SCOPE OF THE REGULATIONSIn the tables forming Parts I and II of this Schedule, in respect of each Council Directive listed, the first column refers to the legislative act number, the second column gives the title and the third column gives the publication reference in the Official Journal of the Communities.

PART I DIRECTIVES ESTABLISHING ARRANGEMENTS FOR MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN SPECIFIC PROFESSIONS AND PROFESSIONAL ACTIVITIES

Column 1	Column 2	Column 3
77/452/EEC(1)	Council Directive of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications of nurses responsible for general care measures to facilitate the effective exercise of this right of establishment and freedom to provide services	O.J. No. L176, 15.7.1977, p. 1.
78/686/EEC(2)	Council Directive of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services	O.J. No. L233, 24.8.1978, p. 1.
78/1026/EEC(3)	Council Directive of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services	O.J. No. L362, 23.12.1978, p. 1.
80/154/EEC(4)	Council Directive of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services	O.J. No. L33, 11.2.80, p. 1.
85/384/EEC	Council Directive of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services	O.J. No. L223, 21.8.1985, p. 15.
85/433/EEC	Council Directive of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of this right of establishment relating to certain activities in the field of pharmacy	O.J. No. L253, 24.9.1985, p. 37.
87/540/EEC	Council Directive of 9 November 1987 on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation	O.J. No. L322, 12.11.1987, p. 20.
91/670/EEC	of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation	O.J. No. L373, 31.12.1991, p. 21.
93/16/EEC	Council Directive of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications	O.J. No. L165, 7.7.1993, p. 1.

PART II DIRECTIVES CONCERNING FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES OR TRANSITIONAL MEASURES IN RESPECT OF ACTIVITIES

Column 1	Column 2	Column 3
64/429/EEC	Council Directive of 7 July 1964, concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23–40 (Industry and small craft industries)	O.J. No. 117, 23.7.1964, p. 1880/64.
64/427/EEC(5)	Council Directive of 7 July 1964, laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23–40 (Industry and small craft industries)	O.J. No. 117, 23.7.1964, p. 1863/64.
68/365/EEC	Council Directive of 15 October 1968, concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the food manufacturing and beverage industries falling (ISIC Major Groups 20 and 21)	O.J. No. L260, 22.10.1968, p. 9.
68/366/EEC	Council Directive of 15 October 1968, laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the food manufacturing and beverage industries falling (ISIC Major Groups 20 and 21)	O.J. No. L260, 22.10.1968, p. 12.
64/223/EEC	Council Directive of 25 February 1964, concerning the attainment of freedom of establishment and freedom to provide services in respect of activities in wholesale trade	O.J. No. 56, 4.4.1964, p. 863/64.
64/224/EEC	Council Directive of 25 February 1964, concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries	O.J. No. 56, 4.4.1964, p. 869/64.
64/222/EEC	Council Directive of 25 February 1964, laying down detailed provisions concerning transitional measures in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small craft industries	O.J. No. 56, 4.4.1964, p. 857/64.
68/363/EEC	Council Directive of 15 October 1968, concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612)	O.J. No. L260, 22.10.1968, p. 1.
68/364/EEC	Council Directive of 15 October 1968, laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in retail trade (ISIC ex Group 612)	O.J. No. L260, 22.10.1968, p. 6.
70/522/EEC	Council Directive of 30 November 1970 concerning the attainment of freedom to provide services in respect of activities of self-employed persons in wholesale coal trade and activities of intermediaries in the coal trade (ISIC ex Group 6112)	O.J. No. L267, 10.12.1970, p. 14.
70/523/EEC	Council Directive of 30 November 1970 laying down detailed provisions concerning transitional measures in respect of activities of intermediaries in the coal trade (ISIC ex Group 6112)	O.J. No. L267, 10.12.1970, p. 18.
74/557/EEC	Council Directive of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products	O.J. No. L307, 18.11.1974, p. 5.
74/556/EEC	Council Directive of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries	O.J. No. L307, 18.11.1974, p. 1.
68/367/EEC	Council Directive of 15 October 1968 the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85): 1. restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852) 2. hotels, rooming houses, camps and other lodging places (ISIC Group 853)	O.J. No. L260, 22.10.1968, p. 16.
68/368/EEC	Council Directive of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85): 1. restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852) 2. hotels, rooming houses, camps and other lodging places (ISIC Group 853)	O.J. No. L260, 22.10.1968, p. 19.
77/92/EEC	Council Directive of 13 December 1976 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of insurance agents and brokers (ex ISIC Group 630) and, in particular, transitional measures in respect of those activities	O.J. No. L26, 31.1.1977, p. 14.
82/470/EEC	Council Directive of 29 June 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies (ISIC 718) and in storage and warehousing (ISIC group 720)	O.J. No. L213, 21.7.1982, p. 1.
82/489/EEC	Council Directive of 19 July 1982 laying down measures to facilitate the effective exercise of the right of establishment and freedom to provide services in hairdressing	O.J. No. L218, 27.7.1982, p. 24.
75/368/EEC	Council Directive of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of various activities (ex ISIC Division 01 to 85) and, in particular, transitional measures in respect of those activities	O.J. No. L167, 30.6.1975, p. 22.
75/369/EEC	Council Directive of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of itinerant activities and, in particular, transitional measures in respect of those activities	O.J. No. L167, 30.6.1975, p. 29.

PART III INSTRUMENTS PURSUANT TO WHICH THE TAKING UP AND PURSUIT OF PROFESSIONS IS REGULATED IN THE UNITED KINGDOM

Chapter/SI Number	Short Title/Title
S.I. 1984/1115(6)	The Fishing Vessels (Certification of Deck Officers and Engineers) Regulations 1984
S.I. 1985/1306(7)	The Merchant Shipping (Certification of Deck Officers) Regulations 1985
S.I. 1986/1935(8)	The Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986
S.I. 1992/1675	The Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992
The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992

Regulation 4

SCHEDULE 2

PART I PROFESSIONS REGULATED BY LAW OR PUBLIC AUTHORITY

Profession	Designated Authority
Air Traffic Controller	Civil Aviation Authority
Aircraft Maintenance Engineer	Civil Aviation Authority
Airport Fire Officer	Civil Aviation Authority
Airport Firefighter	Civil Aviation Authority
Dental Hygienist	General Dental Council
Dental Therapist	General Dental Council
Department of Transport Approved Driving Instructor	The Registrar for the purposes of Part V of the Road Traffic Act 1988(9)
Dispensing Optician	General Optical Council
Diver	Health and Safety Executive
Inspector of Weights and Measures	Secretary of State
Licensed Boatmaster	Secretary of State
Licensed Cab Driver (London)	The Assistant Commissioner of Police of the Metropolis
Licensed Conveyancer	The Council for Licensed Conveyancers
Licensed Lighterman	Port of London Authority
Licensed Trainee Driving Instructor	The Registrar for the purposes of Part V of the Road Traffic Act 1988
Licensed Waterman	Port of London Authority
Registered Dispenser of Hearing Aids	Hearing Aid Council

PART II PROFESSIONS REGULATED BY PROFESSIONAL ASSOCIATIONS

Professional title	Designatory letters	Designated Authority
Associated of the Chartered Institute of Building	ACIOB	Chartered Institute of Building
Associate of the Royal Academy of Dance	A.R.A.D.	The Royal Academy of Dance
Associate of the Royal College of Organists	ARCO	The Royal College of Organists
Choir Master	(CHM)	The Royal College of Organists
Engineering Technician	EngTech	The Engineering Council
Fellow of the Royal College of Organists	FRCO	The Royal College of Organists
Housing Practitioner		The Chartered Institute of Housing
Licentiate of the Royal Academy of Dance	L.R.A.D.	The Royal Academy of Dance
Licentiate of the Textile Institute	LTI	The Textile Institute

Regulation 3(1)

SCHEDULE 3 APPEAL BODIES

Profession	Appeal Body
Licensed Cab Driver (London)	The magistrates' court

Regulations 11, 12, 18, 19, 20

SCHEDULE 4 CIRCUMSTANCES IN WHICH DESIGNATED AUTHORITIES ARE REQUIRED NOT TO REFUSE TO AUTHORISE THE TAKING UP OR PURSUIT OF A PROFESSION

PART I CONDITIONS FOR THE AUTHORISATION OR THE PRACTICE OF A PRO FESSION REGULATED IN THE UNITED KINGDOM AT THE LEVEL OF A DIPLOMA OR A CERTIFICATE

1.  This paragraph applies if the migrant holds either—

(a) a First General System Diploma or

(b) s Second General System Diploma or

(c) a Certificate

being the Diploma or Certificate required in another relevant State for the practice of the profession within the territory of that State.

2.  This paragraph applies if the migrant—

(a) possesses evidence of education and training which satisfies

(i) paragraph 6 below and

(ii) the evidential requirements of either paragraph 7 or paragraph 8 below or, where it applies, paragraph 9 below, and

(b) in a case in which the requirement of professional experience is permissible under paragraph 17 below and is imposed by the designated authority, meets the practising requirements of paragraph 16 below.

3.  This paragraph applies if the migrant—

(a) possesses evidence of education and training which satisfies

(i) paragraph 6 below and

(ii) the evidential requirements of paragraph 11 below, and

(b) in a case in which the requirement of professional experience is permissible under paragraph 17 below and is imposed by the designated authority, meets the practising requirements of paragraph 16 below.

4.  This paragraph applies if the migrant—

(a) possesses evidence of education and training which satisfies

(i) paragraph 6 below and

(ii) the evidential requirements of either paragraph 7 or paragraph 11 below or, where it applies, paragraph 12 below, and

(b) in a case in which the requirement of professional experience is permissible under paragraph 17 and is imposed by the designated authority, meets the practising requirements of paragraph 16 below.

5.  This paragraph applies if, during the previous ten years, the migrant has pursued the profession either full-time for at least three consecutive years or part-time for an equivalent period in another relevant State which does not regulate the profession.

PART II EVIDENCE OF EDUCATION AND TRAINING

6.  The education and training of which the holder possesses evidence must, in every case to which this paragraph applies, have been such as to have prepared the holder for the pursuit of the profession.

7.  Evidence of education and training satisfies this paragraph if it has been awarded by a competent authority in a relevant State and it shows that the holder has successfully completed a post-secondary course of the kind described in paragraph 14 below.

8.  Evidence of education and training satisfies this paragraph if it has been awarded by a competent authority in a relevant State and it attests to one of the courses of regulated education and training listed in Schedule 6.

9.  Subject to paragraph 10 below, evidence of education and training satisfies this paragraph if

(a) it has been awarded by a competent authority in a relevant State on the completion of education and training in the Community and

(b) it is recognised in that relevant State as being of an equivalent level to evidence of education and training constituting either a First General System Diploma or a Second General System Diploma or which satisfies paragraph 7 or 8 above.

10.  Paragraph 9 above only applies if the recognition given to the evidence of education and training by the relevant State has been notified to the other relevant States and to the European Commission.

11.  Evidence of education and training satisfies this paragraph if it has been awarded by a competent authority in a relevant State and either—

(a) it shows that the holder, having followed a secondary course of a technical or vocational nature has, where necessary, completed either

(i) a course of education and training such as is described in paragraph 15 below, or

(ii) the probationary or professional practice which is integral to the secondary course; or

(b) it shows that the holder, having followed a secondary course other than a course of a technical or vocational nature has completed either

(i) a course of education and training such as is described in paragraph 15 below and, where appropriate, the professional training which may be required in addition to that course, or

(ii) has completed the probationary or professional practice which is integral to the secondary course.

12.  Subject to paragraph 13 below, evidence of education and training satisfies this paragraph if

(a) it has been awarded by a competent authority in a relevant State on the completion of education and training in the Community and

(b) it is recognised in that relevant State as being of an equivalent level to evidence of education and training which satisfies paragraph 11 above.

13.  Paragraph 12 above only applies if the recognition given to the evidence of education and training by the relevant State has been notified to the other relevant States and to the European Commission.

14.  A post-secondary course of the kind referred to in paragraph 7 above will be one

(a) which, if pursued full-time, is of at least one year’s duration or, if pursued part-time, is of equivalent duration, and

(b) one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education,

but will not be a course of three or more years' duration if pursued full-time, or of an equivalent duration if pursued part-time, completed at a university or establishment of higher education or another establishment of similar level.

15.  A course of education and training of the kind referred to in paragraph 11 above will be provided either—

(a) at an educational or training establishment or

(b) on the job or

(c) in a combination of (a) and (b)

but will not be a course of the kind evidenced by a First or Second General System Diploma.

PART III REQUIREMENTS OF PROFESSIONAL EXPERIENCE

16.  The practising requirements referred to in this Schedule are that during the previous ten years, the migrant has pursued the profession either full-time for at least two years or part-time for an equivalent period in another relevant State which does not regulate the profession.

17.  The practising requirements of paragraph 16 above are permissible only in the case in which the evidence of education and training held by the migrant relates to education and training other than regulated education and training.

Regulation 4(1)(b)

SCHEDULE 5 LIST OF COURSES EVIDENCE OF SUCCESSFUL COMPLETION OF WHICH IS CONSTITUENT OF A SECOND GENERAL SYSTEM DIPLOMA WITHIN THE MEANING OF REGULATION 4(1)(b)

PART I COURSES REFERABLE TO THE PRACTICE OF A PROFESSION IN ANOTHER RELEVANT STATE

1.    Paramedical and childcare training course

Training for the following:

• In Germany:

  • paediatric nurse (`Kinderkrankenschwester/Kinderkrankenpfleger'),

  • physiotherapist (`Krankengymnast(in)/Physiotherapeut(in)'),

  • occupational therapist (`Beschäftigungsund Arbeitstherapeut(in)'),

  • speech therapist (`Logopäde/Logopädin'),

  • orthoptist (`Orthoptist(in)'),

  • State-recognised childcare worker (`Staatlich anerkannte(r) Erzieher(in)'),

  • State-recognised remedial teacher (`Staatlich anerkannte(r) Heilpädagoge(-in)'),

  • medical laboratory technician (`medizinisch-technische(r) Laboratoriums-Assistent(in)'),

  • medical X-ray technician (`medizinisch-technische(r) Radiologie-Assistent(in)'),

  • medical functional diagnostics technician (`medizinisch-technische(r) Assistent(in) für Funktionsdiagnostik'),

  • veterinary technician (`veterinärmedizinisch-technische(r) Assistent(in)'),

  • dietitian (`Diätassistent(in)'),

  • pharmacy technician (`Pharmazieingenieur') received prior to 31 March 1994 in the former German Democratic Republic or in the territory of the new Laönder,

  • psychiatric nurse (`Psychiatrische(r) Krankenschwester/Krankenpfleger'),

  • speech therapist (`Sprachtherapeut(in)').

• In Italy:

  • dental technician (`odontotecnico'),

  • optician (`ottico'),

  • chiropodist (`podologo').

• In Luxembourg:

  • medical X-ray technician (assistant(e) technique médical(e) en radiologie),

  • medical laboratory technician (assistant(e) technique médical(e) de laboratoire),

  • psychiatric nurse (infirmier/ière psychiatrique),

  • medical technician—surgery (assistant(e) technique médical(e) en chirurgie),

  • paediatric nurse (infirmier/ière puériculteur/trice),

  • nurse—anaesthetics (infirmier/ière anesthésiste),

  • qualified masseur/masseuse (masseur/euse diplòmé(e)),

  • childcare worker (éducateur/trice).

• In the Netherlands:

  • veterinary assistant (“dierenartassistent”)

    which represent education and training courses of a total duration of at least thirteen years, comprising:

    (i)

    either at least three years of vocational training in a specialised school culminating in an examination, in some cases supplemented by a one or two-year specialisation course culminating in an examination,

    (ii)

    or at least two and a half years in a specialised school culminating in an examination and supplemented by work experience of at least six months in an approved establishment,

    (iii)

    or at least two years in a specialised school culminating in an examination and supplemented by work experience of at least one year or by a traineeship of at least one year in an approved establishment,

    (iv)

    or in the case of the veterinary assistant (“dierenartassistent”) in the Netherlands three years of vocational training in a specialised school (“MBO”-scheme) or alternatively three years of vocational training in the dual apprenticeship system (“LLW”), both of which culminate in an examination.

• In Austria:

  • contact lens optician (“Kontaktlinsenoptiker”),

  • pedicurist (“Fusspfleger”),

  • acoustic-aid technician (“Hörgeräteakustiker”),

  • druggist (“Drogist”),

  which represent education and training courses of a total duration of at least fourteen years, including at least five years' training followed within a structured training framework, divided into an apprenticeship of at least three years' duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training, culminating in a professional examination conferring the rights to exercise the profession and to train apprentices,

  • masseur (“Masseur”),

  which represents education and training courses of a total duration of fourteen years, including five years' training within a structured training framework, comprising an apprenticeship of two years duration, a period of professional practice and training of two years' duration and a training course of one year culminating in a professional examination conferring the rights to exercise the profession and to train apprentices,

  • kindergarten worker (“Kindergärtner/in”),

  • child care worker (“Erzieher”),

  which represent education and training courses of a total duration of thirteen years, including five years of professional training in a specialised school, culminating in an examination.

2.    Master craftsman sector (`Mester/Meister/Maitre') which represents education and training courses concerning skills not covered by the Directive listed in Annex A

Training for the following:

• In Denmark:

  • optician (`optometrist'),

  this course is of a total duration of 14 years, including five years' vocational training divided into two-and-a-half years' theoretical training provided by the vocational training establishment and two-and-a-half years' practical training received in the workplace, and culminating in a recognised examination, relating to the craft and conferring the right to use the title 'Mester';

  • orthopaedic technician (`ortopaedimekaniker')

  this course is of a total duration of 12.5 years, including three-and-a-half years' vocational training divided into six months' theoretical training provided by the vocational training establishment and three years' practical training received in the workplace, and culminating in a recognised examination relating to the craft and conferring the right to use the title 'Mester';

  • orthopaedic boot and shoemaker (`ortopaediskomager')

  this course is of a total duration of 13.5 years, including four-and-a-half years' vocational training divided into two years' theoretical training provided by the vocational training establishment and two-and-a-half years' practical training received in the workplace, and culminating in a recognised examination relating to the craft and conferring the right to use the title 'Mester'.

• In Germany:

  • optician (`Augenoptiker'),

  • dental technician (`Zahntechniker'),

  • surgical truss maker (`Bandagist'),

  • hearing-aid maker (`Hörgeräte-Akustiker'),

  • orthopaedic technician (`Orthopädiemechaniker'),

  • orthopaedic bootmaker (`Orthopädieschuhmacher'),

• In Luxembourg:

  • dispensing optician (`opticien'),

  • dental technician (`mécanicien dentaire'),

  • hearing-aid maker (`audioprothésiste'),

  • orthopaedic technician/surgical truss maker (`mécanicien orthopésiste/bandagiste'),

  • orthopaedic bootmaker (`orthopédiste-cordonnier').

  These courses are of a total duration of 14 years, including at least five years' training followed within a structured training framework, partly received in the workplace and partly provided by the vocational training establishment, and culminating in an examination which must be passed in order to be able to practise any activity considered as skilled, either independently or as an employee with a comparable level of responsibility.

• In Austria:

  • surgical truss maker (“Bandagist”),

  • corset maker (“Miederwarenerzeuger”),

  • optician (“Optiker”),

  • orthopaedic shoemaker (“Orthopädieschuhmacher”),

  • orthopaedic technician (“Orthopädietechniker”),

  • dental technician (“Zahntechniker”),

  • gardener (“Gärtner”),

  which represent education and training of a total duration of at least fourteen years, including at least five years' training within a structured training framework, divided into an apprenticeship of at least three years' duration, comprising training received partly in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training of at least two years' duration culminating in a mastership examination conferring the rights to exercise the profession, to train apprentices and to use the title “Meister”,

  training for master craftsmen in the field of agriculture and forestry, namely:

  • master in agriculture (“Meister in der Landwirtschaft”),

  • master in rural home economics (“Meister in der ländlichen Hauswirtschaft”),

  • master in horticulture (“Meister im Gartenbau”),

  • master in market gardening (“Meister im Feldgemüsebau”),

  • master in pomology and fruit-processing (“Meister im Obstbau und in der Obstverwer tung”),

  • master in viniculture and wine-production (“Meister im Weinbau und in der Keller wirtschaft”),

  • master in dairy farming (“Meister in der Molkerei und Käsereiwirtschaft”),

  • master in horse husbandry (“Meister in der Pferdewirtschaft”),

  • master in fishery (“meister in der Fischereiwirtschaft”),

  • master in poultry farming (“Meister in der Geflügelwirtschaft”),

  • master in apiculture (“Meister in der Bienenwirtschaft”),

  • master in forestry (“Meister in der Forstwirtschaft”),

  • master in forestry plantation and forest management (“Meister in der Forstgartenund Forstpflegewirtschaft”),

  • master in agriculture warehousing (“Meister in der landwirtschaftlichen Lagerhaltung”),

  which represent education and training of a total duration of at least fifteen years including at least six years' training followed within a structured training framework divided into an apprenticeship of at least three years' duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of three years of professional practice culminating in a mastership examination relating to the profession and conferring the rights to train apprentices and to use the title “Meister”.

• In Norway:

  • landscape gardener (“anleggsgartner”),

  • dental technician (“tanntekniker”).

  These courses are of a total duration of at least 14 years, including at least five years training within a structured training framework divided into an apprenticeship of at least three years' duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training of two years' duration, culminating in a mastership examination relating to the craft and conferring the rights to train apprentices and to use the title “Mester”.

3.    Seafaring sector

Training for the following:

(a) Sea transport

• In Denmark:

  • ship’s captain (`skibsfører'),

  • first mate (`overstyrmand'),

  • quartermaster, deck officer (`enestyrmand, vagthavende styrmand'),

  • deck officer (`vagthavende styrmand'),

  • engineer (`maskinchef'),

  • first engineer (`1.maskinmester'),

  • first engineer/duty engineer (`1.maskinmester/vagthavende maskinmester'),

• In Germany

  • captain, large coastal vessel (`Kapitän AM'),

  • captain, coastal vessel (`Kapitän AK'),

  • deck officer, large coastal vessel (`Nautischer Schiffsoffizier AMW'),

  • deck officer, coastal vessel (`Nautischer Schiffsoffizier AKW'),

  • chief engineer, grade C (`Schiffsbetriebstechniker CT—Leiter von Maschinenanlagen'),

  • ship’s mechanic, grade C (`Schiffsmaschinist CMa—Leiter von Maschinenanlagen'),

  • ship’s engineer, grade C (`Schiffsbetriebstechniker CTW'),

  • ship’s mechanic, grade C—solo engineer officer (`Schiffsmaschinist CMaW—Technis cher Alleinoffizier').

• In Italy:

  • deck officer (`ufficiale di coperta'),

  • engineer officer (`ufficiale di macchina').

• In the Netherlands:

  • first mate (coastal vessel) (with supplementary training) [`stuurman kleine handelsvaart (met aanvulling)'],

  • coaster engineer (with diploma) (`diploma motordrijver'),

  • VTS-official (“VTS-functionaris”)

  which represents training:

  • in Denmark, of nine years' primary schooling followed by a course of basic training and/or service at sea of between 17 and 36 months, supplemented by:

  • for the deck officer, one year of specialised vocational training,

  • for the others, three years of specialised vocational training,

  • in Germany, of a total duration of between 14 and 18 years, including a three-year course of basic vocational training and one year’s service at sea, followed by one or two years of specialised vocational training supplemented, where appropriate, by two year’s work experience in navigation,

  • in Italy, of a total duration of 13 years, of which at least five years consist of professional training culminating in an examination, and are supplemented, where appropriate, by a traineeship,

  • in the Netherlands:

    (i)

    for the first mate (coaster vessel) (with supplementary training (“stuurman keline handelsvaart (met aanvulling)”), and coaster engineer (with diploma) (“diploma motordrijver”), involving a course of 14 years, at least two years of which takes place in a specialised vocational training establishment, supplemented by a twelve month traineeship,

    (ii)

    for the VTS-official (“VTS-functoinaris”) of a total duration of at least 15 years, comprising at least three years of Higher Vocational Education (“HBO”) or Intermediate Vocational Training (“MBO”), which are followed by national and regional specialisation courses, comprising at least 12 weeks of theoretical training each and culminating each in an examination,

    and which are recognised under the International STCW Convention (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978).

  • In Iceland:

    • ship’s captain (“skipstjóri”),

    • chief mate (“stýrimaöur”),

    • watchkeeping officer (“undirstýrimaöur”),

    • marine engineer, first grade (“yélstjóri 1.stigs”).

  • In Norway:

    • master mariner/deck officer Class 1 (“skipsfører”),

    • chief mate/deck officer Class 2 (“overstyrmann”),

    • master home/deck officer Class 3 (“kystskipper”),

    • mate/watchkeeping officer/deck officer Class 4 (“styrmann”),

    • chief engineer officer/engineer officer Class 1 (“maskinsjef”),

    • second engineer officer/engineer officer Class 2 (“1.maskinist”),

    • solo engineer/engineer officer Class 3 (“enemaskinist”),

    • watchkeeping engineer/engineer officer Class 4 (“maskinoffiser”),

    which represents training

    • in Iceland, of nine or 10 years' primary schooling followed by two year’s service at sea, supplemented by three years of specialised vocational training (five years for the marine engineer),

    • in Norway, of nine years' primary schooling followed by a course of basic training and service at sea of three years (two and a half years for engineering officers), supplemented by,

    • for watchkeeping officers, one year of specialised vocational training,

    • for the others, two years of specialised vocational training,

    and by further service at sea and which is recognised under the International STCW Convention (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978),

    • electro-automation officer (ship’s electrician) (“elektroautomasjonstekniker/skipselek triker”),

    which represents training of nine years' primary schooling followed by a two year course of basic training, supplemented by one year of practical experience and service at sea and one year of specialised vocational training.

(b) Sea fishing

• In Germany:

  • captain, deep-sea fishing (`Kapitän BG/Fischerei'),

  • captain, coastal fishing (`Kapitän BK/Fischerei'),

  • deck officer, deep-sea vessel (`Nautischer Schiffsoffizier BGW/Fischerei'),

  • deck officer, coastal vessel (`Nautischer Schiffsoffizier BKW/Fischerei'),.

• In the Netherlands:

  • first mate/engineer V (`stuurman werktuigkundige V'),

  • engineer IV (fishing vessel) (`werktuigkundige IV visvaart'),

  • first mate IV (fishing vessel) (`stuurman IV visvaart'),

  • first mate/engineer VI (`stuurman werktuigkundige VI')

  which represent training:

  • in Germany, of a total duration of between 14 and 18 years, including a three-year course of basic vocational training and one year’s service at sea, followed by one or two years of specialised vocational training supplemented, where appropriate, by two-years' work experience in navigation,

  • in the Netherlands, involving a course varying in duration between thirteen and fifteen years, at least two years of which are provided in a specialised vocational school, supplemented by a 12-month period of work experience,

  and are recognised under the Torremolinos Convention (1977 International Convention for the Safety of Fishing Vessels).

• In Iceland:

  • ship’s captain (“skipstjóri”),

  • chief mate (“stýrimaöur”),

  • watchkeeping officer (“undirstýrimaöur”),

  which represents training of nine or 10 years' primary schooling followed by two years' service at sea, supplemented by two years of specialised vocational training culminating in an examination and is recognised under the Torremolinos Convention (1977 International Convention for the Safety of Fishing Vessels).

(c) Mobile drilling rig personnel

• In Norway:

  • Platform manager (“plattformsjef”),

  • stability section manager (“stabilitetssjef”),

  • control room operator (“kontrollromoperatør”),

  • technical section leader (“teknisk sjef”),

  • assistant technical section leader (“teknisk assistent”),

  which represents training of nine years' primary schooling, followed by a two-year course of basic training, supplemented by at least one year’s service offshore and,

  • for the control room operator, one year of specialised vocational training,

  • for the others, two and a half years of specialised vocational training.

Technical sector

4.  Training for the following:

• In Italy:

  • building surveyor (`geometra'),

  • land surveyor (`perito agrario'),

  which represents secondary technical courses of a total duration of at least 13 years, comprising eight years' compulsory schooling followed by five years' secondary study, including three years vocational study, culminating in the Technical Baccalaureat examination, and supplemented,

  (i)

  for building surveyors by: either a traineeship lasting at least two years in a professional office, or five years' work experience,

  (ii)

  for land surveyors, by the completion of a practical traineeship lasting at least two years,

  followed by the State Examination.

• In the Netherlands:

  • bailiff (`gerechtsderuwaarder'),

  • dental-prosthesis maker (“tandprotheticus”),

  which represents a course of study and vocational training:

  (i)

  in the case of the bailiff (`gerechtsdeurwaarder'), totalling nineteen years, comprising eight years' compulsory schooling followed by eight years' secondary education including four years' technical education culminating in a State examination and supplemented by three years' theoretical and practical vocational training,

  (ii)

  in the case of the dental-prosthesis maker (“tandprotheticus”), totalling at least 15 years of full time training and three years of part time training, comprising eight years of primary education, four years of general secondary education, completion of three years of vocational training, involving theoretical and practical training as a dental technician, supplemented by three years of part time training as a dental prosthesis-maker, culminating in an examination.

• In Austria:

  • forester (“Förster”),

  • technical consulting (“Technisches Büro”),

  • labour leasing (“Überlassung von Arbeitskräften-Arbeitsleihe”),

  • employment agent (“Arbeitsvermittlung”),

  • investment adviser (“Vermögensberator”),

  • private investigator (“Berufsdetektiv”),

  • security guard (“Bewachungsgewerbe”),

  • real estate agent (“Immobilienmakler”),

  • real estate manager (“Immobilienverwalter”),

  • advertising and promotion agent (“Werbeagentur”),

  • building project organiser (“Bauträger/Bauorganisator/Baubetreuer”),

  • debt-collecting agent (“Inkassobüro/Inkassoinstitut”),

  which represents education and training of a total duration of at least 15 years, comprising eight years' compulsory schooling followed by five years' secondary technical or commercial study, culminating in a technical or commercial mature level qualifying examination, supplemented by at least two years' workplace education and training culminating in a professional examination,

  • insurance consultant (“Berater in Versicherungsangelegenheiten”),

  which represents an education and training course of a total duration of 15 years and includes six years' training followed within a structured training framework, divided into an apprenticeship of three-years' duration and a three-year period of professional practice and training, culminating in an examination,

  • master builder/planning and technical calculation (“Planender Baumeister”),

  • master woodbuilder/planning and technical calculation (“Planender Zimmermeister”),

  which represents education and training of a total duration of at least 18 years, including at least nine years' vocational training divided into four years of secondary technical study and five years of professional practice and training culminating in a professional examination conferring the rights to exercise the profession and to train apprentices, in so far as this training relates to the right to plan buildings, to make technical calculations and to supervise construction work (“the Maria Theresian privilege”).

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

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

Training for:

• mine electrical engineer,

• mine mechanical engineer,

• approved social worker—mental health,

• dental therapist,

• dental hygienist,

• dispensing optician,

• mine deputy,

• insolvency practitioner,

• licensed conveyancer,

• first mate—freight/passenger ships—unrestricted,

• second mate—freight/passenger ships—unrestricted,

• third mate—freight/passenger ships—unrestricted,

• deck officer—freight/passenger ships—unrestricted,

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

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

These levels are defined as follows:

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

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

Regulation 4(3), Schedule 4

SCHEDULE 6 LIST OF COURSES OF REGULATED EDUCATION AND TRAINING

• In Germany

  The following regulated courses:

  • regulated courses preparatory to the pursuit of the professions of technical assistant (`technisch(r) Assistent(in)'), commercial assistant (`kaufmännisch(r) Assistent(in)'), social professions (`soziale Berufe') and the profession of State-certified respiration and elocution instructor (`staatlich geprüfte(r) Atem-, Sprechund Stimmlehrer(in)'), of a total duration of at least 13 years, which require successful completion of the secondary course of education (`mittlerer Bildungsabschluß') and which comprise:

    (i)

    at least three years of vocational training at a specialised school (`Fachschule') culminating in an examination and, where applicable, supplemented by a one-year or two-year specialisation course also culminating in an examination,

    (ii)

    or at least two and a half years at a specialised school (`Fachschule') culminating in an examination and supplemented by work experience of a duration of not less than six months or a traineeship of not less than six months in an approved establishment,

    (iii)

    or at least two years at a specialised school (`Fachschule') culminating in an examination and supplemented by work experience of a duration of not less than one year or a traineeship of not less than one year in an approved establishment,

  • Regulated courses for the professions of State-certified (`staatlich geprüfte(r)') technician (`Techniker(in)'), business economist (`Betriebswirt(in)'), designer (`Gestalter(in)') and family assistant (`Familiepfleger(in)'), of a total duration not less than 16 years, a prerequisite of which is successful completion of compulsory schooling or equivalent education and training (of a duration of not less than nine years) and successful completion of a course at a trade school (`Berufsschule') of a duration of not less than three years and comprising, upon completion of at least two years of work experience, full-time education and training of a duration of not less than two years or part-time education and training of equivalent duration.

  • Regulated courses and regulated in-service training, of a total duration of not less than 15 years, a prerequisite of which is, generally speaking, successful completion of compulsory schooling (of a duration not less than nine years) and of vocational training (normally three years) and which generally comprise at least two years of work experience (three years in most cases) and an examination in the context of in-service training preparation for which generally comprises a training course which is either concurrent with the work experience (at least 1,000 hours) or is attended on a full-time basis (at least one year).

• In the Netherlands:

  • Regulated training courses of a total duration of not less than 15 years, a prerequisite of which is successful completion of eight years of primary education plus four years of either intermediate general secondary education (“MAVO”) or Preparatory Vocational Education (“VBO”) or general secondary education of a higher level, and which require the completion of a three year or four year course at a college for intermediate vocational training (“MBO”), culminating in an examination,

  • Regulated training courses of a total duration not less than 16 years, a prerequisite of which is successful completion of eight years of primary education plus four years of at least preparatory vocational education (“VBO”) or a higher level of general secondary education, and which require the completion of at least four years of vocational training in the apprenticeship system, comprising at least one day of theoretical instruction at a college each week and on the other days practical training in a practical training centre or in a firm, and culminating in a secondary or tertiary level examination.

• In Austria:

  • Courses at higher vocational schools (“Berufsbildende Höhere Schulen”) and higher education establishments for agriculture and forestry (“Höhere Landund Forstwirtschaftliche Lehranstalten”), including special types (“einschließlich der Sonderformen”), the structure and level of which are determined by law, regulations and administrative provisions.

    These courses have a total length of not less than 13 years and comprise five years of vocational training which culminate in a final examination, the passing of which is proof of professional competence.

  • Courses at master schools (“Meisterschulen”), master classes (“Meisterklassen”), industrial master schools (“Werkmeisterschulen”) or building craftsmen schools (“Bauandwerkerschulen”), the structure and level of which are determined by law, regulations and administrative provisions.

    These courses have a total length of not less than 13 years, comprising nine years of compulsory education, followed by either at least three years of vocational training at a specialised school or at least three years of training in a firm and in parallel at a vocational training school (“Berufsschule”), both of which culminate in an examination, and are supplemented by successful completion of at least a one year training course at a master school (“Meisterschule”), master classes (“Meisterklassen”), industrial master school (“Werkmeisterschule”) or a building craftsmen school (“Bauhandwerkerschule”). In most cases the total duration is at least 15 years, comprising periods of work experience, which either precede the training courses at these establishments or are accompanied by part time courses (at least 960 hours).

Regulation 16(3)

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

Profession	Requirement
Licensed Conveyancer	Adaptation period

(1)

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

(2)

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

(3)

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

(4)

Amended by Council Directive 89/594/EEC, O.J. No. L341, 23.11.1989, p. 19.

(5)

Amended by Council Directive 69/77/EEC, O.J. No. L059, 10.03.69, p. 8.

(6)

Amended by S.I. 1995/1428.

(7)

Relevant amending instruments are S.I. 1987/884 and 1995/1429.

(8)

Relevant amending instruments are S.I. 1987/884 and 1995/1429.

(9)

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