The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002

Regulation 2

SCHEDULE 1 SCOPE OF THE REGULATIONS

In the tables forming Parts 1 and 2 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 1 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, 11.2.1980, p. 1.
85/384/EEC(5)	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(6)	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	Council Directive 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(7)	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.
96/26/EC	Council Directive of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations	O.J. No. L124, 23.5.1996, p.1.

PART 2 DIRECTIVES CONCERNING FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES OR TRANSITIONAL MEASURES IN RESPECT OF ACTIVITIES

Column 1	Column 2	Column 3
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.
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.
1999/42/EC	Directive of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications	O.J. No. L201, 31.7.1999, p.77.

PART 3 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(8)	The Fishing Vessels (Certification of Deck Officers and Engineers) Regulations 1984
S.I. 1997/348(9)	The Merchant Shipping (Training and Certification) Regulations 1997
S.I. 1993/1213	The Merchant Shipping (Local Passenger Vessels) (Masters' Licences and Hours, Manning and Training) Regulations 1993
S.I. 1992/1675	The Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992
S.I. 1992/1687	The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992
S.R.(N.I.)1998/20	The Street Works (Qualifications of Supervisors and Operatives) Regulations (Northern Ireland) 1998

Regulation 4

SCHEDULE 2 REGULATED PROFESSIONS

PART 1 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
Licensed Boatmaster	Secretary of State
Licensed Cab Driver (London)	Transport for London
Licensed Conveyancer	The Council for Licensed Conveyancers
Qualified Conveyancer (Scotland)	The Scottish Conveyancing and Executry Services Board
Dental Hygienist	General Dental Council
Dental Therapist	General Dental Council
Dispensing Optician	General Optical Council
Registered Dispenser of Hearing Aids	Hearing Aid Council
Diver	Health and Safety Executive
Department of Transport Approved Driving Instructor (Great Britain)	The Registrar for the purposes of Part V of the Road Traffic Act 1988(10)
Department of the Environment Approved Driving Instructor	The Registrar within the meaning of the Motor Cars (Driving Instruction)Regulations (Northern Ireland) 1991(11)
Executry Practitioner	The Scottish Conveyancing and Executry Services Board
Registered Gas Installer	The Council for Registered Gas Installers
Insolvency Practitioner	Secretary of State The Insolvency Practitioners Association The Association of Chartered Certified Accountants, The Institute of Chartered Accountants in England and Wales, The Institute of Chartered Accountants in Ireland, The Institute of Chartered Accountants of Scotland, The Law Society, The Law Society of Northern Ireland, The Law Society of Scotland
Inspector of Weights and Measures	Secretary of State Department of Enterprise, Trade and Investment in Northern Ireland
Certified Instructor (Motor Bicycles) (in Great Britain)	Secretary of State
Licensed Lighterman	Port of London Authority
Nurse admitted to any of the following parts of the register— Part 2 — Second level nurse trained in general nursing (England and Wales); Part 4 — Second level nurse trained in the nursing of persons suffering from mental illness (England and Wales); Part 6 — Second level nurse trained in the nursing of persons suffering from learning disabilities (England and Wales); Part 7 — Second level nurse (Scotland and Northern Ireland)	Nursing and Midwifery Council(12)
State Registered Paramedic	Health Professions Council(13)
Teacher at an institution in England or Wales within the further education sector (within the meaning of the Further and Higher Education Act 1992)(14)	Secretary of State
Certified Technically Competent Person	Waste Management Industry Training and Advisory Board
Registered Trade Mark Agent	The Institute of Trade Mark Attorneys
Licensed Trainee Driving Instructor	The Registrar for the purposes of Part V of the Road Traffic Act 1988
Listed Veterinary Nurse	The Royal College of Veterinary Surgeons
Licensed Waterman	Port of London Authority

PART 2 PROFESSIONS REGULATED BY PROFESSIONAL ASSOCIATIONS

Professional title	Designatory letters	Designated Authority
Associate of the Chartered Institute of Arbitrators	ACIArb	Chartered Institute of Arbitrators
Associate of the Chartered Institute of Building	ACIOB	Chartered Institute of Building
Associate Member of The Chartered Institute of Marketing	ACIM	The Chartered Institute of Marketing
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 (UK)(15)
Fellow of the Royal College of Organists	FRCO	The Royal College of Organists
Housing Practitioner		The Chartered Institute of Housing
Licentiate of the Institute of Mathematics and its Applications		The Institute of Mathematics and its Applications
Licentiate of the Royal Academy of Dance	L.R.A.D.	The Royal Academy of Dance
Licentiate of The Society of Dyers and Colourists	LSDC	The Society of Dyers and Colourists
Licentiate of the Textile Institute	LTI	The Textile Institute
Member of the Chartered Institute of Arbitrators	MCIArb	Chartered Institute of Arbitrators
Technical Member of The Royal Institution of Chartered Surveyors	TechRICS	The Royal Institution of Chartered Surveyors

Regulation 3(1)

SCHEDULE 3 APPEAL BODIES

Profession	Appeal Body
Executry Practitioner	Court of Session
Licensed Cab Driver (London)	The magistrates' court
Qualified Conveyancer (Scotland)	Court of Session
Registered Trade Mark Agent	The Comptroller-General of Patents, Designs and Trade Marks
Approved Driving Instructor (Great Britain)	Transport Tribunal

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 1 CONDITIONS FOR THE AUTHORISATION OR THE PRACTICE OF A PROFESSION 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) a 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, and

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

3.  This paragraph applies if the migrant—

(a) possesses evidence of education and training which satisfies—

(i) paragraph 6, and

(ii) the evidential requirements of paragraph 11; 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.

4.  This paragraph applies if the migrant—

(a) possesses evidence of education and training which satisfies

(i) paragraph 6, and

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

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 2 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.

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 5.

9.  Subject to paragraph 10, 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.

10.  Paragraph 9 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, 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 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, 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.

13.  Paragraph 12 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 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 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 3 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 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(3); Schedule 4

SCHEDULE 5 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-, Sprech- und 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 Land- und 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 5(1)(b)

SCHEDULE 6 LIST OF COURSES EVIDENCE OF SUCCESSFUL COMPLETION OF WHICH IS CONSTITUENT OF A SECOND GENERAL SYSTEM DIPLOMA

PART 1 COURSES REFERABLE TO THE PRACTICE OF A PROFESSION IN ANOTHER RELEVANT STATE

Paramedical and childcare training course

1.  Training for the following:

In Germany:

• paediatric nurse “Kinderkrankenschwester/Kinderkrankenpfleger”),

• physiotherapist (“Krankengymnast(in)/Physiotherapeut(in)”),

• occupational therapist (“Beschäftigungs- und 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 Länder,

• 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:

• special basic training for nurses specialising in the care of children and young people,

• special basic training for psychiatric nurses,

• 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.

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

2.  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 orthopédiste/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:

• urgical 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 Obstverwertung”),

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

• 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 Forstgarten- und 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:

• teacher of technical and vocational subjects (“yrkesfaglærer”),

which represents education and training of a total duration of eighteen to twenty years, including nine to ten years of primary and lower secondary school, at least three or four years of apprenticeship training – alternatively two years of vocational upper secondary school and two years of apprenticeship training – leading to a trade or journeyman’s certificate, professional experience as a craftsman for at least four years, further theoretical craft studies for at least one year, and a one-year study programme in educational theory and practice.

Seafaring sector

3.  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-Technischer 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 kleine 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-functionaris”) 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/skipselektriker”),

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 (“kontrollromoperator”),

• 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 (“Vermogensberator”),

• 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 2 COURSES REFERABLE TO THE PRACTICE OF A PROFESSION IN THE UNITED KINGDOM

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

5.  Training for:

• mine electrical engineer,

• mine mechanical engineer,

• 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,

• certified technically competent person in waste management,

leading to qualifications accredited as National Vocational Qualifications (NVQs) 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 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
Qualified Conveyancer (Scotland)	Adaptation Period
Executry Practitioner	Adaptation Period
Insolvency Practitioner	Aptitude test
Registered Trade Mark Agent	Aptitude test

(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 and Directive 2001/19/EC of the European Parliament and of the Council, O.J. No. L206, 31.7.01, p.1.

(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, 23.11.89, p.19 and Directive 2001/19/EC of the European Parliament and of the Council, O.J. No. L206, 31.7.01, p.1.

(3)

Supplemented by Council Directive 81/1057/EEC, O.J. No. L385, 31.12.81, p.25, and amended by Council Directive 89/594/EEC, O.J. No. L341, 23.11.1989, p.19 and Directive 2001/19/EC of the European Parliament and of the Council, O.J. No. L206, 31.7.01, p.1.

(4)

Amended by Council Directive 89/594/EEC. O.J. No L341, 23.11.1989, p.19 and Directive 2001/19/EC of the European Parliament and of the Council, O.J. No. L206, 31.7.01, p.1.

(5)

Amended by Directive 2001/19/EC of the European Parliament and of the Council, O.J. No. L206, 31.7.01, p.1.

(6)

Amended by Directive 2001/19/EC of the European Parliament and of the Council, O.J. No. L206, 31.7.01, p.1.

(7)

Amended by Directive 2001/19 EC of the European Parliament and of the Council, O.J. No. L206, 31.7.01, p.1.

(8)

Amended by S.I. 1995/1428.

(9)

Amended by S.I. 1997/1911 and 2000/836.

(10)

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

(11)

S.R. (N.I.) 1991 No. 373.

(12)

See the Nursing and Midwifery Order 2001, S.I. 2002/253, and the Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002, S.I. 2002/881.

(13)

See the Health Professions Order 2001, S.I. 2002/254 and the Health Professions Order 2001 (Consequential Amendments) Order 2002, S.I. 2002/880.

(14)

1992 c. 13. See also the Further Education Teachers' Qualifications (England) Regulations 2001 (S.I. 2001/1209) and the Further Education Teachers' Qualifications (Wales) Regulations 2002 (S.I. 2002/1663).

(15)

Amended by Supplemental Charter granted on 22.3.02.