S.I. No. _372___of 2003

REGULATIONS

entitled

European Communities (Recognition of Qualifications and Experience) Regulations 2003

To be made by the

Minister for Education

and Science

I,Minister for Education and Science, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) and for the purpose of giving effect to Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999¹ , hereby make the following Regulations:

1.     The Regulations may be cited as the European Communities (Recognition of Qualifications and Experience) Regulations 2003.

2.     (1)       In these Regulations, unless the context otherwise requires -

“applicant” means a person who has made an application to the competent authority for the issue of a certificate;

“certificate” has the meaning assigned to it by Regulation 3;

“Directive” means Directive 1999/42/EC 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':

“Member State” means a State which is a member of the European Communities.

        (2)       For the purposes of these Regulations and the Directive, FáS is the competent authority in the State.

        (3)       A reference in these Regulations to a Regulation or Schedule which is not otherwise identified is to a Regulation of, or Schedule to, these Regulations.

        (4)       A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the Regulation in which the reference occurs.

        (5)       A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

3.     (1)       Where a person applies to the competent authority for a certificate in respect of a relevant activity which has been pursued in the State, the competent authority shall issue such certificate provided that it is satisfied that the applicant has the relevant qualifications and experience gained in the State as specified in the Schedule to these Regulations.

        (2)       A relevant activity is an activity which falls within the lists of activities set out in Annex A to the Directive.

4.     (1)       Any person who procures or attempts to procure the issue of a certificate by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

        (2)       An offence under paragraph (1) may be prosecuted by the competent authority.

5.     (1)       Subject to this Regulation, the competent authority may revoke a certificate where it is satisfied that -

(a)        the certificate in question was issued in reliance upon a representation or declaration in respect of which a person has been convicted of an offence under Regulation 4, or

(b)        information in reliance upon which the certificate concerned has been issued is not correct or is not correct in a material particular and that the experience or qualifications to which the certificate attests have not been attained.

        (2)       Where the competent authority proposes to revoke a certificate, it shall by notice in writing to the applicant -

(a)        inform the applicant of its intention to revoke the certificate and the reasons for this,

(b)        identify -

(i)         the false representations or declarations in respect of which a person has been convicted of an offence, or

(ii)        the incorrect information

and

(c)        invite the applicant to make representations to the competent authority within a month of the date of the notice.

        (3)         If, at the end of the period provided for in subparagraph (2), the competent authority, having considered any representations made to it by or on behalf of the applicant, remains of the view that the certificate of the applicant should be revoked then the competent authority may, by notice in writing, revoke the certificate and state the reasons for the revocation.

6.     The following Regulations are revoked:

(a)        the European Communities (Transport Auxiliaries) Regulations 1988 ( S.I. No. 18 of 1988 ), and

(b)        the European Communities (Right of Establishment and Freedom to Provide Services in Hairdressing) Regulations 1992 ( S.I. No. 315 of 1992 ).

SCHEDULE

Qualifications and Experience for Certificates

1.     Where the taking up or pursuit of any activity mentioned in Annex A to the Directive is subject to possession of general, commercial or professional knowledge and ability, the competent authority shall accept as sufficient evidence of such knowledge and ability the fact that such activity has been pursued in another Member State.

2.     Without prejudice to the generality of paragraph 1, where the activity is mentioned in Part One of Annex A to the Directive, such activity must have been pursued by the applicant-

(a)        in the case of the activities in List I:

(i)         for 6 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii)        for 3 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iii)       for 3 consecutive years in a self-employed capacity where the applicant proves that he or she has pursued the activity in question for at least 5 years in an employed capacity, or

(iv)       for 5 consecutive years in a managerial capacity of which at least three years were spent in technical posts with responsibility for one or more departments of the undertaking where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

and

in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the date of the application for the certificate, or

(b)        in the case of the activities in List II:

(i)         for 6 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii)        or 3 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements, or

(iii)       for 4 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 2 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iv)       for 3 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has pursued the activity in question for at least 5 years in an employed capacity, or

(v)        for 5 consecutive years in an employed capacity where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements, or

(vi)       for 6 consecutive years in an employed capacity where the applicant proves that he or she has received at least 2 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements, and

in the cases referred to in sub-paragraphs (i) and (iv), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the date of the application for the certificate, or

(c)        in the case of the activities in List III:

(i)         for 6 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii)        for 3 consecutive years in a self-employed capacity or as a manager of an undertaking, where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iii)       for 3 consecutive years in a self-employed capacity where the applicant proves that he or she has pursued the activity in question for at least 5 years in an employed capacity,

and

in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the date of the application for the certificate, or

(d)        in the case of the activities in List IV:

(i)         for 5 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii)        for 2 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 3 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iii)       for 3 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received at least 2 years' prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iv)       for 2 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has pursued the activity in question for at least 3 years in an employed capacity, or

(v)        for 3 consecutive years in an employed capacity where the applicant proves that he or she has received at least 2 years' previous training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements, or

(e)        in the case of the activities in List V(a) and (b):

(i)         for 3 years in a self-employed capacity or as a manager of an undertaking, provided that pursuit of the activity in question did not cease more than 2 years before the date on which the application for the certificate is made, or

(ii)        for 3 years in a self-employed capacity or as a manager of an undertaking, provided that pursuit of the activity in question did not cease more than 2 years before the date on which the application is made for the certificate, unless the Member State in which the activity in respect of which the certificate is sought permits its nationals to interrupt their pursuit of that activity for a longer period, or

(f)        in the case of the activities in List VI:

(i)         for 3 consecutive years in either a self-employed capacity or as a manager of an undertaking,

(ii)        for 2 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has received prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

(iii)       for 2 consecutive years in a self-employed capacity or as a manager of an undertaking where the applicant proves that he or she has pursued the activity in question for at least 3 years in an employed capacity, or

(iv)       for 3 consecutive years in an employed capacity where the applicant proves that he or she has received previous training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements,

and

in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the date of the application for the certificate.

3.     Where the applicant has worked in a self-employed capacity, employed capacity or as a manager of an undertaking and the duration of the training he or she has received is not less than 2 years but is less than 3 years, the requirements of sub-paragraph (a)(ii), (a)(iv), (b)(ii), (b)(v), (c)(ii), or (d)(ii) of paragraph 2 shall be satisfied provided that the time he or she has spent working and the time he or she has spent training together equal -

(a)        in the cases of subparagraphs (a)(ii), (b)(ii), and (c)(ii), 6 years;

(b)        in the cases of subparagraphs (a)(iv), and (b)(v), 8 years;

(c)        in the case of subparagraph (d)(ii), 5 years.

4.     A person shall be regarded as having pursued an activity as a manager of an undertaking for the purposes of this Schedule if he or she has pursued such an activity in an undertaking in the occupational field in question:

(a)        as a manager of an undertaking or a manager of a branch of an undertaking,

(b)        as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented, or

(c)        in a managerial post with duties of a commercial or technical nature, or both, and with responsibility for one or more departments of the undertaking.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations¹⁵ is to give legal effect to Council Directive No. 99/42/EC of 7^th June, 1999. This Directive established 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.

Published by the Stationary Office, Dublin.

¹ O.J. No. L 201. 31.7.99. p. 77.