What One Should Know About

What one should know about

system for mutual recognition

of professional education and training

in the EU MembersStates and EEA countries

Compiled by A.Rauhvargers

Supported in terms of projects

“Recognition of professional Qualifications in Latvia in line with EU-regulations” (Matra programme of The Netherlands)
“Recognition of academic Qualifications in Latvia in line with EU-regulations” (Finnish Ministry of Foreign affairs)

Riga, 2002

Contents

Free movement is a fundamental right

Do you need recognition of your diploma when seeking employment in another EU member state or EU/EEA country?

What is a regulated profession?

How to know if your profession is regulated in Latvia?

EU Directives establish a system to facilitate access to professions in other EU/EEA countries

Academic titles

Directive 89/48/EEC

Directive 92/51/EEC

What do the directives involve? To whom do the directives apply?

Directive 99/42/EC: the Third Directive

Which directive applies to which profession?

Where to search for information?

What is the procedure for obtaining recognition in Latvia?

.Professional competence is the deciding factor!

How to appeal against a decision?

Annex I Information institutions in Latvia regarding the regulated professions and EU professional recognition directives

The cabinet of Ministers has nominated specific information institutions for the following regulated professions:

Transport professions

Road transport

Air transport

Marine transport

Agricultural professions

Annex II Competent authorities in Latvia

a) for the general directives (89/48/EEC and 92/51/EEC)

b) for the sectoral directives

System for mutual recognition
of professional education and training

Free movement is a fundamental right

Free movement is a fundamental right for an individual citizen of theEU. The Treaty of Rome contains a clause to protect againstdiscrimination due to nationality. The citizens of EU member states and theEEA countries (Iceland, Norway and Liechtenstein) have the right to take up employment orstart their own business in other EU/AAE countries. However, one of the most important conditions for the free movement of labour force is recognition of diplomas and professional when moving across borders

Do you need recognition of your diploma when seeking employment in another EU member state or EU/EEA country?

To find the answer, you have to be sure if your profession is regulated in the host country (see below)

If your profession is NOT regulated, you DON’T need official recognition of your professional qualification.

What is a regulated profession?

A regulated profession is a profession which by law or regulation requires authorization, registration or the equivalent. This authorization or registration is often connected with the requirement of a particular, specified education and training.

How to know if your profession is regulated in Latvia?

The number and nature of professions which are regulated differs from country to country...Please consult the list of regulated professions in Latvia (see annex III.). For more information you can also use the internet-accessible database of regulated professions in Latvia at the Recognition webpage

EU Directives establish a system to facilitate access to professions in other EU/EEA countries

The purpose of EC directives is to ensure an equal treatment of the EU/EEA citizens’ professional qualifications in all the EU/EEA countries and to stimulate therecognition of diplomas andprofessional qualifications which givepeople the right to practise aparticular profession.

These directives are valid in all the EU member states, as well as in Iceland, Norway and Liechtenstein

Sectoral directives. Recognition in some certain professions – architect, midwife, pharmacist, doctor, nurse, dentist and veterinary surgeon is based upon sectoral directives adopted individually for each of these professions. The sectoral directives lay down some basic requirements for the education leading to the regulated profession in question and stipulate automatic recognition of professionals across the EU/EEA.

General system of recognition. Recognition of qualifications for all the other regulated professions is covered by the General system of recognition.

Thefirst and second generaldirectives (89/48/EEC and92/51/EEC) establish recognition in professions that require training of at least 3 years of higher education and the education below that level respectively. The Third Directive 99/42/EC applies similar principles to the regulated professions for which one can qualify through professional experience.

The basic principle according to these directives is that a person who is qualified to practise a profession in his/her home country is also qualified to practise this profession in all EU/EEA countries. In the cases where it is not possible to grant immediate access to the profession in the host country because there are substantial differences in the education and training that the applicant had in his/her country of origin, the directives stipulate compensatory measures for each particular case. In some cases the applicant will still qualify in the host country, if he/she will provide evidence of sufficient experience in the profession in the country of origin, in other cases the applicant will have a choice between an adaptation period and an aptitude test[1].

Academic titles

Academic titles[2] are not protected inLatvia. It is therefore not necessaryto have a permit to use a title.

Directive 89/48/EEC

The first general directive(89/48/EEC) for the recognition ofhigher education diplomas awardedon completion of professionaleducation and training applies if theregulated profession in the hostcountry requires higher educationof at least three years’ duration.

The list of regulated professions in Annex XXX also indicates which directive applies to each particular regulated profession in Latvia.

Directive 92/51/EEC

The second general directive(92/51/EEC) supplements the firstgeneral directive and applies if theregulated profession in the hostcountry requires:

• higher education of less thanthree years’ duration, or
• professional education andtraining which is not at highereducation level (e.g. uppersecondary school training), or
• vocational training at other,lower level

What do the directives involve?To whom do thedirectives apply?

The directives apply to citizens ofthe EU member states andcitizens of Iceland, Norway andLiechtenstein. The professionaleducation and training must havebeen completed in one of thesecountries with a national diploma/certificate. A qualification outside ofthe national education system, forinstance, a qualification obtained in the United States of America or in Russia is not automaticallycovered by the EC directives. Thedirectives only apply to a personwho wishes to practise his/herprofession in another EU/EEAcountry than the one where thetraining was done. The directivesapply to both employees and theself-employed persons.

The aim of the generaldirectives is that everyoneshould have the right to practisehis/her profession in all EU/EEAcountries

However, there are certainconditions:

1. If the profession is regulated inthe host country, but not in thehome country, there may be arequirement that the person haspursued the profession for twoyears out of the last ten-yearperiod
2. If the education and training ismore than one year shorter thanthat required in the host country,the authorities may requireprofessional experience of atmaximum twice the length of thedifference in the training time,although no more than fouryears
3. If there are substantialdifferences in the content of theeducation and training, anaptitude test or adaptationperiod over a maximum of threeyears may be required

As it is not permitted todiscriminate against a personbecause of nationality, it is notpossible to retain certain professionsfor the country’s own citizens

Exemptions from this rule arepublic offices which involve someform of exercise of power, e.g. within the police force, the legalsystem and certain high level postswithin public administration

Directive 99/42/EC: the Third Directive

The recognition mechanisms of the third directive are comparable to those of the first two directives of the General System. The host country may not simply refuse a foreign professional on the grounds of insufficient qualifications. If comparison reveals substantial differences, the host country must offer the applicant a choice between undergoing an adaptation period and taking an aptitude test. The host country may also require this if its own nationals are required to have knowledge of specific national regulations and their application.

Which directive applies to which profession?

See list of regulated professions in Annex II.

Where to search for information?

In Latvia.The ‘contact point’ that provides general information on recognition and application of the directives is the Academic Information centre (AIC). For many professions AIC will provide information on where to turn to gain the right to practise one’s profession in the country[3]. For some other professions (mainly in transport field) the Cabinet of Ministers has nominated other information institutions, see Annex I.

Latviancitizens who wish to work in otherEU/EEA countries can also turn toAIC to be referred to thecontact point in the countryconcerned.

In all EU/EEA countries.Information is provided by the national contact points listed in Annex III.

What is the procedure forobtaining recognition inLatvia?

1. Information. The contact point, Academic Information centre, will

• provide general information regarding professional recognition and EU directives,
• help any applicant to establish whether his/her profession is regulated in Latvia and which is the competent institution that makes decisions for this profession.

This information can also be found in the Recognition website

1. Submission of application.For most regulated professions (except the road, marine and air transport and animal husbandry professions[4]) the applications for recognition together with the necessary documents must be submitted to the Academic Information centre (AIC),

In all, cases the applicant must present the original documents and then submit the copies. The following should be attached to the application:

• proof of education/training completed (diplomas/ certificates, if necessary, with an authorised translation into the Latvian language),
• certificates documenting professional experience,
• a certificate from the competent authority in the home country on the right to practise the profession (if the profession is regulated in the home country).

1. Academic Information centre will assess the applicant’s qualification and submit a statement to the competent authority of the profession in question, which will consider the right to practise the profession.
2. A reply should be given within four months and the result can be one of the following:

• applicant receives a certification of recognition in the regulated profession in question. This means that access to the profession in Latviais granted and also the right to use the professional title that applies in Latvia.

• The professional education andtraining is found compatible wit the regulations in Latvia,but as the profession is not regulated in the home country, the Latvian authority requires at least two years’ previous full-time work in the profession. For the professions covered by directive 92/51/EEC this rule does NOT apply if the training which leads to the profession is regulated in the home country. Then the host country cannot require two years’ of professional experience.
• The competent authority finds that the education and training differs from the Latvian training in such a way that it is more than one year shorter. The competent authority may then require up to four years’ experience within the profession.
• The competent authority finds that
  a) applicant’s education and training differs substantially from Latvian training in content and nature and/or

b)the practise of the profession requires specific knowledge of Latvian laws and regulations to be allowed to pursue the profession,

an aptitude test or an adaptation period of a maximum of three years in the profession in Latvia may be required. The main rule according to the Directives 89/48/EEC and 92/51/EEC is that the applicant him/herself should be able to choose between an aptitude test or an adaptation period, but if the profession requires special knowledge of laws and regulations, the authority will decide which is appropriate. On the other hand, the Latvian authority cannot require supplementary education and training.

• The competent authority findsthat there are too largedifferences in level or the total length ofthe education and training and the education therefore does not fit the Latvian requirements. Access to the profession istherefore denied, as it would notbe a case of exercising the sameprofession, even if the name isthe same. In this case theapplicant must acceptrequirements which may meansupplementary education andtraining.

.Professional competence is thedeciding factor!

Due to differences in theeducational systems of the EU/EEAcountries the education andtraining for a particular professionmay be at higher education level inone country, but outside of thehigher education system in anothercountry (e.g. in a vocational collegeor school). A profession which iscovered by the first general directivein some countries may be coveredby the second directive in othercountries. The education andtraining may nevertheless lead to acomparable level of professionalcompetence and prepare for theequivalent responsibilities. In thiscase, the competence should beapproved by the host country

How to appeal against adecision?

The negative decision of thecompetent authority should beproperly explained and an appealmay be made against it to Latvian court. Thecompetent authority or contactpoint will provide information

Annex I Information institutions in Latvia regarding the regulated professions and EU professional recognition directives

• general information regarding the EU directives in the field of regulated professions international recognition of diplomas,
• information regarding all these regulated professions for which there is NO specific information institution nominated

The cabinet of Ministers has nominated specific information institutions for the following regulated professions:[5]

Transport professions

Road transport

• driver of motor vehicle (except tractor machinery),
• instructor for drivers for theoretical training subjects,
• instructor for drivers for practical training
• inspector of transport technical control
• driver of dangerous freight motor transportation,
• instructor for drivers of motor vehicles with dangerous freight

• security consultant (advisor) in dangerous freight haulage

• instructor of security consultants (advisors) in dangerous freight haulage

• driver (administrator) of international freight motor transportation
• driver (administrator) of international passenger motor transportation
• driver (administrator) of inland freight motor transportation

• driver (administrator) of inland passenger motor transportation)

• driver of tractor machinery

Air transport

Marine transport

Agricultural professions

Annex II Competent authorities in Latvia

a) for the general directives (89/48/EEC and 92/51/EEC)

b) for the sectoraldirectives

(will be completed

upon adoption of the appropriate Reguulation by the Latvian Government

Annex III Contact points for professional recognition in EU/EEA
(for updates please consult

[1] With the exception if professions where the knowledge of legal regulations of the host country is essentaial for th e profession. It is host country’s right to apply aptitude test and not adaptaion [eriod in these cases.