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Article 13 - Conditions for recognition

Comparing 01/07/2013 → 17/01/2014: 3 added, 5 removed, 5 changed Close comparison

Attestations of competence or evidence of formal qualifications shall satisfy the following conditions:

(b)they shall attest a level of professional qualification at least equivalent to the level immediately prior to that which is required in the host Member State, as described in Article 11.

1.If access to or pursuit of a regulated profession in a host Member State is contingent upon possession of specific professional qualifications, the competent authority of that Member State shall permit accessapplicants to access and pursuit ofpursue that profession, under the same conditions as apply to its nationals, toif applicantsthey possessingpossess thean attestation of competence or evidence of formal qualifications referred to in Article 11, required by another Member State in order to gain access to and pursue that profession on its territory.

(a) theyAttestations of competence or evidence of formal qualifications shall have beenbe issued by a competent authority in a Member State, designated in accordance with the legislative,laws, regulatoryregulations or administrative provisions of that Member State;State.

2.Access toto, and pursuit ofof, thea profession,profession as described in paragraph 1,1 shall also be granted to applicants who have pursued the profession referred to in that paragraphquestion on a full-time basis for twoone yearsyear or for an equivalent overall duration on a part-time basis during the previous 10 years in another Member State which does not regulate that profession, providingand theywho possess one or more attestations of competence or documents providing evidence of formal qualifications.qualifications issued by another Member State which does not regulate the profession.

Attestations of competence and evidence of formal qualifications shall satisfy the following conditions:

(b)they shall attest a level of professional qualification at least equivalent to the level immediately prior to that required in the host Member State, as described in Article 11;

The two years' professional experience referred to in the first subparagraph may not, however, be required if the evidence of formal qualifications which the applicant possesses certifies regulated education and training within the meaning of Article 3(1)(e) at the levels of qualifications described in Article 11, points (b), (c), (d) or (e). The regulated education and training listed in Annex III shall be considered as such regulated education and training at the level described in Article 11, point (c). The Commission may adapt the list in Annex III to take account of regulated education and training which provides a comparable professional standard and which prepares the trainee for a comparable level of responsibilities and functions. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).

3.By way of derogation from paragraph 1, point (b) and to paragraph 2, point (b), the host Member State shall permit access and pursuit of a regulated profession where access to this profession is contingent in its territory upon possession of a qualification certifying successful completion of higher or university education of four years' duration, and where the applicant possesses a qualification referred to in Article 11, point (c).

(a)they shall have beenare issued by a competent authority in a Member State, designated in accordance with the legislative,laws, regulatoryregulations or administrative provisions of that Member State;

(b)(c) they shall attest that the holder has been prepared for the pursuit of the profession in question.

The one year of professional experience referred to in the first subparagraph may not, however, be required if the evidence of formal qualifications which the applicant possesses certifies regulated education and training.

3.The host Member State shall accept the level attested under Article 11 by the home Member State, as well as the certificate by which the home Member State certifies that regulated education and training or vocational training with a special structure referred to in point (c)(ii) of Article 11 is equivalent to the level provided for in point (c)(i) of Article 11.

4.By way of derogation from paragraphs 1 and 2 of this Article and from Article 14, the competent authority of the host Member State may refuse access to, and pursuit of, the profession to holders of an attestation of competence classified under point (a) of Article 11 where the national professional qualification required to exercise the profession on its territory is classified under point (e) of Article 11.

Official text · consolidated version 17/01/2014 (no longer in force) Open full page ↗
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