Published: 2004-03-05
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Official translation
Government of the Republic of Lithuania
ResolutionNo 535
of 3 May 2004
ON APPROVAL OF THE REGULATIONS ON RECOGNITION OF HIGHER EDUCATION DIPLOMAS, DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF QUALIFICATIONS AWARDED WITHIN THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA OR SWISS CONFEDERATION FOR THE PURPOSE OF TAKING UP OR PURSUIT OF A REGULATED PROFESSION OR regulated PROFESSIONAL ACTIVITY IN THE REPUBLIC OF LITHUANIA, AND OF THE LIST OF COURSES HAVING A SPECIAL STRUCTURE
Vilnius
1. To approve the following:
1.1 The Regulations on Recognition of Higher Education Diplomas, Diplomas, Certificates and Other Evidence of Qualifications Awarded within the European Union, European Economic Area or Swiss Confederation for the Purpose of Taking up or Pursuit of a Regulated Profession or Regulated Professional Activity in the Republic of Lithuania;
2. To appoint the following competent authorities to be responsible for the recognition of higher education diplomas, diplomas, certificates and other evidence of qualifications awarded within the European Union, European Economic Area or Swiss Confederation for the purpose of taking up or pursuit of a regulated profession or regulated professional activity in the Republic of Lithuania (hereinafter referred to as the “competent authorities”):
Ministry of Environment
Ministry of Finance
Ministry of Culture
Ministry of Health
Ministry of Social Security and Labour
Ministry of Transport and Communications
Ministry of Education
Ministry of Justice
Ministry of Economy
Ministry of Agriculture
State Food and Veterinary Service
Lithuanian State Department of Tourism under the Ministry of Economy
4. To assign:
4.1 the competent authorities, by agreement with the coordinating authority, to develop and approve the rules of procedure for the recognition of evidence of professional qualifications for the purpose of taking up or pursuit of a regulated profession or regulated professional activity in the Republic of Lithuania;
4.2 the Ministry of Social Security and Labour to issue relevant documents for the nationals of the European Union, European Economic Area or Swiss Confederation moving in the European Union, European Economic Area or Swiss Confederation for the purpose of taking up or pursuing a regulated profession or regulated professional activity, as indicated in Directive 1999/42/EC 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;
REGULATIONS
ON RECOGNITION OF HIGHER EDUCATION DIPLOMAS, DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE Of QUALIFICATIONS AWARDED WITHIN THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA OR SWISS CONFEDERATION FOR THE PURPOSE OF TAKING UP OR PURSUIT OF A REGULATED PROFESSION OR regulated PROFESSIONAL ACTIVITY IN THE REPUBLIC OF LITHUANIA
I. GENERAL PROVISIONS
1. Regulations on Recognition of Higher Education Diplomas, Diplomas, Certificates and Other Evidence of Qualifications Awarded within the European Union, European Economic Area or Swiss Confederation for the Purpose of Taking up or Pursuit of a Regulated Profession or Regulated Professional Activity in the Republic of Lithuania (hereinafter referred to as the “Regulations”) shall regulate the procedure of recognition of evidence of professional qualifications awarded to nationals of European Union Member States, European Economic Area and Swiss Confederation (hereinafter referred to as the “Member States”) who intend to take up or pursue a regulated profession or regulated professional activity in the Republic of Lithuania, on the grounds of the following Directives of the European Union: Council Directive 89/48/EEC of 21 December 2004 on a general system of the recognition of higher education diplomas awarded on completion of professional education and training of at least three years in duration; Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC, and Directive 2001/19/EEC of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor .
2. The Regulations are not applicable in cases when the mutual recognition of evidence of professional qualifications is regulated by other legal acts of the Republic of Lithuania and the European Union.
3. For the purpose of these Regulations:
3.1. Adaptation period shall mean the taking up or pursuit of a regulated profession in the Republic of Lithuania under the responsibility of a qualified member of that profession; the work shall be assessed in conformity with the procedures established by the competent authority. This work may be accompanied by further education.
3.2. Information centre shall mean an institution that provides information, consultations and recommendations to natural or legal persons on issues related to the mutual recognition of evidence of professional qualifications for the purpose of taking up or pursuit of a regulated profession or regulated professional activity.
3.3. Competent authority shall mean an authority responsible within its competence for the recognition of evidence of professional qualifications of a national of a Member State, received in a Member State.
3.4. Coordinating authority shall mean an authority responsible for the coordination in the Republic of Lithuania of recognition of evidence of professional qualifications, received in a Member State.
3.5. Applicant shall mean a national of a Member State who seeks to have his/her evidence of professional qualifications recognised.
3.6. Professional experience shall mean the actual and lawful pursuit of the profession or the professional activity concerned in a Member State.
3.7. Aptitude test shall mean a test limited to the professional knowledge of the applicant, made by the competent authority with the aim of assessing the ability of the applicant to pursue a regulated profession or the professional activity concerned in the Republic of Lithuania.
3.8. Higher education diploma shall mean an approved formal evidence of qualifications, or a set of such evidence:
3.8.1. which has been awarded by the competent authority in a Member State designated in accordance with the legislation of that Member State;
3.8.2. which shows that the holder has successfully completed a secondary course and a post-secondary course of at least three years' duration, or an evening or part-time course of an equivalent duration, at a university or an establishment of higher education or another establishment of similar level and, where relevant, that he has successfully completed the professional training required in addition to the post-secondary course, if this is provided by a Member State;
3.8.3. which shows that the holder has the professional qualifications required for taking up or pursuit of a regulated profession or regulated professional activity in that Member State; and
3.9 Higher education diploma shall also mean any formal evidence of qualifications awarded by the competent authority of a Member State, or a set of such evidence, provided it has been awarded upon successful completion of studies in a Member State and recognised by the competent authority in that Member State as being of an equivalent level. Such evidence or a set of such evidence shall confer the same rights in respect of taking up or pursuit of a regulated profession or the professional activity concerned in that Member State.
3.10. Diploma shall mean any evidence of qualifications or any set of such evidence:
3.10.1. which has been awarded by the competent authority in a Member State designated in accordance with the legislation of that Member State;
3.10.2. which shows that the holder has successfully completed:
3.10.2.1. a secondary course and a post-secondary course of at least one year’s duration, or an evening or part-time course of an equivalent duration (other than that referred to in Paragraph 3.8.2 above). One of the conditions of entry to such courses is the successful completion of the secondary course required to obtain entry to university or higher education, as well as professional training if required by a Member State; or
3.10.3. which shows that the holder has the professional qualifications required for the taking up or pursuit of a regulated profession or regulated professional activity in that Member State;
3.11. Diploma shall also mean any formal evidence of qualifications awarded by the competent authority of the Member State, or a set of such evidence, provided it has been awarded upon successful completion of studies in the Member State and recognised by the competent authority in that Member State as being of an equivalent level. Such evidence or a set of such evidence shall confer the same rights in respect of taking up or pursuit of a regulated profession or the professional activity concerned in that Member State.
3.12. Certificate shall mean any evidence of qualifications or any set of such evidence:
3.12.1. which has been awarded by the competent authority in a Member State designated in accordance with the legislation of that Member State;
3.12.2. which shows that the holder, after having followed a secondary course, has completed:
3.12.2.1. either a course of education or training (other than courses referred to in Paragraph 3.8.2. and 3.10.2.1 above), provided at an educational establishment and/or on the job , and a probationary or professional practice required in addition to and forming part of such course; or
3.12.3. which shows that the holder has completed a secondary course of a technical or vocational nature, when required by the Member State, i.e. either a course of education or training as referred to in Paragraph 3.12.2., or the probationary or professional practice required in addition to and forming part of this secondary course of a technical or vocational nature;
3.12.4. which shows that the holder has the professional qualifications required for taking up or pursuit of a regulated profession or regulated professional activity in that Member State or outside the Community at teaching establishments which provide education and training in accordance with the laws and other legal acts the Member State; and
3.13 Certificate shall also meanany formal evidence of qualifications awarded by the competent authority of the Member State, or a set of such evidence, provided it has been awarded upon successful completion of studies in the Member State and recognised by the competent authority in that Member State as being of an equivalent level. Such evidence or a set of such evidence shall confer the same rights in respect of taking up or pursuit of a regulated profession or the professional activity concerned in that Member State.
3.14. Proof of competence shall mean any evidence of qualifications:
3.14.1. attesting to education and training (except the cases referred to in Paragraphs 3.8 to 3.13); and
3.14.2. awarded following an assessment of the personal qualities, aptitudes or knowledge by the competent authority designated in accordance with legal acts of the Member State. Such evidence shall be sufficient to confer the same rights for the pursuit of professional activity without a formal proof of prior education and training being required.
3.15. Regulated profession shall mean a regulated professional activity or range of activities which constitute this profession in a Member State.
3.16. Regulated professional activity shall mean a professional activity, the taking up or pursuit of which, or one of its modes of pursuit in a Member State, is subject, directly or indirectly, by virtue of laws and other legal acts, to the possession of evidence of qualifications or a proof of competence. The following in particular shall constitute a mode of pursuit of a regulated professional activity:
3.16.1. pursuit of an activity under a professional title, in so far as the use of such a title is reserved to the holders of evidence of education and training or a proof of competence governed by laws and other legal acts;
3.17. Regulated education and training shall mean any education and training which:
3.17.2. comprises a course or courses complemented, where relevant, by professional training or probationary or professional practice, the structure and level of which are determined by the legislation of that Member State or which are monitored or approved by the authority designated for that purpose.
3.18. Substantial difference shall mean the extent by which the applicant’s qualifications acquired in the country of origin differ substantially from qualifications required in the Republic of Lithuania, and this difference in qualifications prevents the applicant from taking up a job within his/her qualifications.
II. PROVISION OF Evidence OF QUALIFICATIONS
4. An applicant seeking for the recognition of evidence of his/her professional qualifications shall fill in an application of the form set by the coordinating authority and submit it, alongside the necessary documents or their copies duly certified in accordance with the established procedures (by a notary public or a corresponding authority), to the competent authority. The competent authority may lay down the procedure for providing translation of the documents listed in Paragraphs 4.2 to 4.5 and/or 5 of these Regulations. The application submitted to the competent authority shall be accompanied by the following documents (or their copies):
5. Other documents may be submitted in the following cases:
5.1. The competent authority responsible for the recognition of evidence of qualifications may also require proof from applicants that they are of good repute or that they have not been declared bankrupt, or that the pursuit of a regulated profession or regulated professional activity has not been prohibited, and a statement of health, provided that such proof and statement are also required from the nationals of the Republic of Lithuania who want to take up or pursue a regulated profession or regulated professional activity in the Republic of Lithuania. These documents are considered valid no longer than 3 months after their issue.
Where proof of financial standing is required in order to take up or pursue a regulated profession, documents issued by the competent authorities in a Member State of origin or a Member State from which the foreign national comes, shall be provided.
5.2. Where the competent authorities of a Member State of origin do not issue the documents referred to in paragraph 5.1 of the Regulations, such documents shall be replaced by a declaration on oath or a solemn declaration certified a notary or a relevant competent authority.
5.3. Where a Member State that has issued evidence of professional qualifications does not require any additional statements on health referred to in Paragraph 5.1 of the Regulations, the applicant wishing to obtain permission to take up or pursue a regulated profession or regulated professional activity may provide such documents issued by the competent authority or an authority authorised by the competent authority in the Republic of Lithuania or any other Member State.
III. SYSTEMS FOR RECOGNITION OF EVIDENCE OF QUALIFICATIONS
6. The system for recognition where possession of a higher education diploma is required:
6.1. Where, in the Republic of Lithuania, the taking up or pursuit of a regulated profession or regulated professional activity is subject to possession of a higher education diploma, the competent authority may not refuse to authorize a national of a Member State to take up or pursue that regulated profession or regulated professional activity on the same conditions as apply to the nationals of the Republic of Lithuania:
6.1.1. if the applicant holds a higher education diploma required in another Member State for taking up or pursuit of the regulated profession or regulated professional activity in its territory, such diploma having been awarded in a Member State; or
6.1.2. if the applicant has pursued the regulated profession or regulated professional activity concerned full-time for two years during the previous ten years in another Member State which does not regulate that profession, and possesses evidence of one or more formal qualifications as referred to in Paragraphs 3.8.2, 3.10.1 and 3.10.2 of the Regulations, which shows that the holder is prepared for taking up the professional activity concerned. However, the two years of professional experience referred to may not be required where the qualification or qualifications held by the applicant was/were awarded on completion of regulated education and training;
6.1.3. if the applicant has completed an adaptation period or has taken an aptitude test, where relevant;
6.1.4. the taking up or pursuit of a regulated profession is subject to possession of a higher education diploma and, among other conditions, to the completion of a post-secondary full-time course of at least three years' duration, or evening or part-time courses of an equivalent duration, and to possession of a diploma or other evidence of education as referred to in Paragraph 7.1.2 of the Regulations.
6.2. The competent authority may demand that the applicant completes an adaptation period of no longer than three years in duration or takes an aptitude test as provided in Chapters V and VI only where the following substantial differences have been found:
6.2.1. in the cases referred to in Paragraphs 6.1.1 and 6.1.2, the content of courses differs substantially from the content of courses covered by the diploma in the Republic of Lithuania;
6.2.2. in the case referred to in Paragraph 6.1.1, the regulated profession comprises one or more types of regulated professional activities, which do not form part of the regulated profession in the Member State of origin or departure, and the difference in the content of courses covers specific education required and covers matters substantially differing from those covered by the applicant’s higher education diploma;
6.2.3. in the case referred to in Paragraph 6.1.2, the regulated profession comprises one or more types of regulated professional activities which do not form part of the regulated profession pursued by the applicant in the Member State of origin or departure, and the difference in the content of courses covers specific education required as well as matters substantially differing from those covered by the evidence of the applicant’s qualifications.
6.3. The competent authority must give the applicant the right to choose between an adaptation period and an aptitude test. However, if a profession requires deep knowledge of law of the Republic of Lithuania and the provision of advice and/or assistance concerning law of the Republic of Lithuania is an essential and constant aspect of the professional activity concerned, an aptitude test must be taken.
7. The system for recognition where possession of a diploma is required:
7.1. Where, in the Republic of Lithuania, the taking up or pursuit of a regulated profession or regulated professional activity is subject to possession of a diploma, the competent authority may not refuse to authorize a national of a Member State to take up or pursue that regulated profession or regulated professional activity on the same conditions as apply to the nationals of the Republic of Lithuania:
7.1.1. if the applicant holds a higher education diploma or diploma required in another Member State for taking up or pursuit of the profession in question in its territory, such diploma having been awarded in a Member State; or;
7.1.2. if the applicant has pursued the regulated profession or regulated professional activity concerned on full-time basis for two years or for an equivalent period on a part-time basis during the previous ten years in another Member State which does not regulate that profession, and possesses evidence of one or more formal qualifications as referred to in Paragraphs 3.8.1, 3.8.2, 3.10.1 and 3.10.2 of the Regulations, which shows that the holder is prepared for taking up the professional activity concerned. However, the two years of professional experience referred to may not be required where the qualification or qualifications held by the applicant was/were awarded on the completion of regulated education and training;
7.2. The competent authority may demand that the applicant completes an adaptation period of at least three years in duration or takes an aptitude test as provided in Chapters V and VI only where the following substantial differences have been found:
7.2.1. in the cases referred to in Paragraph 7.1.1 and 7.1.2, theoretical knowledge and/or practical skills of the content of courses differ substantially from the subjects covered by the diploma in the Republic of Lithuania;
7.2.2. in the case referred to in Paragraph 7.1.1, the regulated profession comprises one or more types of regulated professional activities, which do not form part of the regulated profession in the Member State of origin or departure, and the said difference corresponds to specific education required and covers theoretical knowledge and/or practical skills substantially differing from those covered by the applicant’s higher education diploma or diploma;
7.2.3. in the case referred to in Paragraph 7.1.1, the regulated profession comprises one or more types of professional activities regulated in the Republic of Lithuania, which do not form part of the regulated profession in the Member State of origin or departure, and the said difference corresponds to specific education required and covers theoretical knowledge and/or practical skills substantially differing from those covered by the evidence of training.
7.3. The competent authority must give the applicant the right to choose between an adaptation period and an aptitude test. However, if a profession requires deep knowledge of law of the Republic of Lithuania and the provision of advice and/or assistance concerning law of the Republic of Lithuania is an essential and constant aspect of the professional activity concerned, an aptitude test must be taken.
8. The system for recognition where possession of a diploma is required and the applicant has received corresponding education and training or holds a certificate:
8.1. Where, in the Republic of Lithuania, the taking up or pursuit of a regulated profession or regulated professional activity is subject to possession of a diploma, the competent authority may not refuse to authorize a national of a Member State to take up or pursue that profession on the same conditions as apply to the nationals of the Republic of Lithuania:
8.1.1. if the applicant holds the certificate required in another Member State for taking up or pursuit of the profession or professional activity concerned in its territory, such certificate having been awarded in that Member State; or
8.1.2. if the applicant has pursued the regulated profession or regulated professional activity concerned on full-time basis for two years or for an equivalent period on a part-time basis during the previous ten years in another Member State which does not regulate that profession or professional activity, and possesses evidence of one or more formal qualifications as referred to in Paragraphs 3.12, 3.12.1, 3.12.2 and 3.12.3 of the Regulations, which shows that the holder is prepared for taking up the professional activity concerned. However, the two years of professional experience referred to may not be required where the qualification or qualifications held by the applicant was/were awarded on the completion of regulated education and training;
8.2. The competent authority may demand that the applicant completes an adaptation period of no longer than three years in duration or takes an aptitude test as provided in Chapters V and VI only where substantial differences have been found. The competent authority must give the applicant the right to choose between an adaptation period and an aptitude test.
9. The system for recognition where possession of a certificate is required:
9.1. Where, in the Republic of Lithuania, the taking up or pursuit of a regulated profession or regulated professional activity is subject to possession of a diploma, the competent authority may not refuse to authorize a national of a Member State to take up or pursue that profession on the same conditions as apply to the nationals of the Republic of Lithuania:
9.1.1. if the applicant holds the higher education diploma or diploma or certificate required in another Member State for the taking up or pursuit of the profession concerned in its territory, such diploma or certificate having been awarded in that Member State;
9.1.2. if the applicant has pursued the regulated profession or regulated professional activity concerned on a full-time basis for two years or for an equivalent period on a part-time basis during the previous ten years in another Member State which does not regulate that profession, and possesses evidence of one or more formal qualifications as referred to in Paragraphs 3.8.1, 3.8.2, 3.10.1, 3.10.2, 3.12, 3.12.1, 3.12.2 and 3.12.3 of the Regulations, which shows that the holder is prepared for taking up the professional activity concerned. However, the two years of professional experience referred to may not be required where the qualification or qualifications held by the applicant was/were awarded on the completion of regulated education and training;
9.1.3. if the applicant who does not hold any diploma, certificate or other evidence of education and training as referred to in Paragraphs 6.1.2 or 9.1.2, has pursued the profession concerned on a full-time basis for three consecutive years or for an equivalent period on a part-time basis during the previous 10 years in another Member State, which does not regulate that profession or a professional activity;
9.2. The following shall be treated as evidence of education and training: any evidence of education and training or any set of such evidence awarded by a competent authority in a Member State on the completion of education and training received in Member States and recognized by that Member State as being of an equivalent level, provided that the other Member States and the Commission have been notified of this recognition.
9.3. The competent authority may demand that the applicant completes an adaptation period of no longer than two years in duration or takes an aptitude test as provided in Chapters V and VI only where substantial differences have been found. The competent authority must give the applicant the right to choose between an adaptation period and an aptitude test. The competent authority may reserve the right to choose between an adaptation period and an aptitude test where the applicant does not hold a diploma, certificate or other evidence of education and training.
10. The special system for recognition where possession of other evidence of qualifications is required:
10.1. Where, in the Republic of Lithuania, the taking up or pursuit of a regulated profession or regulated professional activity is subject to possession of proof of competence, the competent authority may not refuse to authorize a national of a Member State to take up or pursue that regulated profession or regulated professional activity on the same conditions as apply to the nationals of the Republic of Lithuania:
10.1.1. if the applicant holds proof of competence required in another Member State for taking up or pursuit of the profession or professional activity concerned in its territory, such proof having been awarded in that Member State;
10.1.2. if the applicant provides evidence of qualifications gained in other Member States. Having provided evidence of qualifications gained in other Member States, the applicant becomes entitled to guarantees (in particular in the matters of healthcare, environmental protection and consumer protection) equivalent to those granted to nationals of the Republic of Lithuania by legal acts of the Republic of Lithuania. Where the applicant fails to provide such evidence of qualifications, legal acts of the Republic of Lithuania shall be applied.
10.2. Where, in the Republic of Lithuania, the taking up or pursuit of a regulated profession or regulated professional activity is subject to possession of evidence of qualifications attesting to general elementary or secondary education, the competent authority may not refuse to authorize a national of a Member State to take up or pursue that regulated profession or regulated professional activity on the same conditions as apply to the nationals of the Republic of Lithuania, if the applicant possesses evidence of qualifications of a corresponding level awarded to him/her in another Member State. Such evidence of qualifications must be awarded by the competent authority of the Member State designated under the legal acts of that Member State.
IV. PROVISION OF REQUIRED DOCUMENTS
11. The competent authority shall carry out the procedures of the recognition of evidence of qualifications when the profession or professional activity to be taken up or pursued by the applicant is regulated by relevant legal acts of the Republic of Lithuania.
12. No later than within one month after the receipt of the application, the competent authority shall inform the applicant whether he/she has submitted all the necessary documents. Having found that not all the necessary documents have been submitted, the competent authority shall notify the applicant of this, indicating what documents are still missing. Having received the missing documents, the competent authority shall inform the applicant about their reception no later than within one month.
13. The competent authority shall adopt a final decision no later than within four months of the date of receipt of all the necessary documents.
V. APTITUDE TEST
15. If the competent authority intends to obligate the applicant to take an aptitude test or if the applicant him/herself has chosen to take it, the competent authority must first examine whether the knowledge acquired by the applicant in the course of his professional experience covers, fully or partly, the knowledge required in the Republic of Lithuania (to estimate if any substantial difference exists). Aptitude tests in relevant areas shall be organised as soon as possible, at least twice a year, if applicants are available. The competent authority organising the test shall take account of the fact that the applicant is a qualified professional in the Member State of origin or the Member State from which he/she comes.
16. The aptitude test shall cover subjects and courses that differ substantially from the relevant education or professional training required in the Republic of Lithuania for the pursuit of the profession or professional activity.
17. The competent authority may conclude agreements with relevant education establishments to conduct the aptitude test. The aptitude test may be conducted by education establishments appointed by the competent authority that provide training to the same or similar professionals in the Republic of Lithuania.
18. The agreement referred to in Paragraph 17 shall specify the price of the organisation of the aptitude test, which is determined according to the scope of the test and the costs, substantiated as necessary, to administer it. The applicant shall pay to the education establishment that organises the test for the organisation of the aptitude tests.
Where a different procedure is used to conduct the aptitude test than that set forth in Paragraph 17 of the Regulations , the price of the organisation of the test shall be determined by the competent authority.
19. When organising the aptitude test, the competent authority shall notify the applicant in writing and indicate:
20. The establishment conducting the aptitude test shall make a list of recommended literature and present it to the applicant.
21. The establishment conducting the aptitude test shall, no later than within one month of the date of testing, assess the results of the test and inform the applicant and the competent authority thereabout.
VI. ADAPTATION PERIOD
23. If the competent authority intends to require the applicant to complete an adaptation period, it must first examine whether the knowledge acquired by the applicant in the course of his/her professional experience covers, fully or partly, the knowledge required in Republic of Lithuania (to estimate if any substantial difference exists). The competent authority responsible for organising the adaptation period shall take account of the fact that the applicant is a qualified professional in the Member State of origin or the Member State from which he/she comes. During the adaptation period, other requirements such as health insurance, labour relations, and service provision established by legal acts of the Republic of Lithuania shall apply.
24. The competent authority responsible for organising the adaptation period must:
24.1. ensure that:
VII. AUTHORITIES RESPONSIBLE FOR RECOGNITION and COORDINATION OF RECOGNITION OF EVIDENCE OF QUALIFICATIONS, AND for PROVISION OF INFORMATION
25. In the Republic of Lithuania, the recognition of regulated professions shall be coordinated by the Ministry of Social Security and Labour.
26. The coordinating authority shall appoint a coordinator who shall communicate information to the European Commission and Member States and fulfil the following tasks:
26.1. participate in the activities of the coordinating group set up by the European Union Member States, maintain contacts with the European Commission and relevant institutions of the European Union and foreign countries, provide information on legal acts and responsible authorities in the area of regulated professional activities or professions;
26.2. coordinate activities of authorities that issue evidence of qualifications, in matters related to recognition of a regulated professional activity or profession;
26.3. provide suggestions or recommendations to the Government of Republic of Lithuania and competent authorities related to the drafting of new legal acts and to recognition of evidence of qualifications for the purpose of taking up or pursuit of a regulated profession or regulated professional activity in the Republic of Lithuania;
26.4. in accordance with established procedures, provide reports to the European Commission on the recognition of evidence of qualifications for the purpose of taking up or pursuit of a regulated profession or regulated professional activity in the Republic of Lithuania;
27. The coordinating authority shall establish a list of competent authorities and regulated professions.
28. The competent authority shall take a decision and issue statements of recognition of professional qualifications in the area of regulated profession or professional activity.
29. Competent authorities shall provide information to the coordinating authority and appropriate competent authorities of the European Union and foreign countries.
30. The competent authority shall, in consultation with the coordinating authority, draft regulations for the recognition of evidence of appropriate qualifications, determine the adaptation period and draw up rules of assessment of such period and of the taking of the aptitude test.
31. At the coordinator’s request, the competent authority shall prepare and provide information and statistical data on the recognition of evidence of appropriate qualifications.
32. The functions of the information centre shall be carried out by the Lithuanian Centre for Quality Assessment in Higher Education, which shall exchange information within the ENIC (European National Information Centres) and NARIC (National Academic Recognition Information Centres) networks and shall:
32.1. provide information, consultations and recommendations to natural persons and legal entities on legal acts, requirements, authorities that provide information and the competent authorities, if this is needed for the purpose of recognition of a regulated profession or professional activity;
32.2. assess the conformity of the applicants’ training acquired in the country of origin to the requirements for the training for the purpose of taking up or pursuit of a regulated profession or regulated professional activity in the Republic of Lithuania;
VIII. RIGHTS OF APPLICANTS
33. Where appropriate legal acts of the Republic of Lithuania require to take an oath or make a solemn declaration to be able to take up or pursue a regulated profession or regulated professional activity, the applicant shall have the right to take an oath or make a solemn declaration in the form appropriate to him/her.
34. The applicant whose professional qualification has been recognised by the competent authority shall have the right to use a professional title or designatory letters conferred by relevant professional associations or organisations in the Republic of Lithuania or in a Member State. Where a profession is regulated in the Republic of Lithuania by an appropriate professional association, nationals of Member States shall be entitled to use the professional title or designatory letters conferred by that organization or association only on proof of membership.
35. The applicant whose professional qualification has been recognised by the competent authority shall be entitled to use relevant academic titles and , where needed, designatory letters of a Member State (with an obligation to indicate the name and address of the institution or the examination board that conferred the title) in the language of the Member State of origin or the Member State which he/she has come from.
36. The applicant shall be entitled to appeal (hereinafter referred to as the “appeal”) against the competent authority’s decision or against the absence of such decisions to the coordinating authority. The coordinating authority shall set the procedure for the examination of such appeals.
37. The applicant shall have the right, within a month after the date of his/her appeal, to receive written notification on the decision taken in response to his/her appeal.
38. Decisions taken in response to the applicant’s appeal or the absence of such decisions may be appealed against in accordance with the procedure set by the Law on Administrative Proceedings.
APPROVED by
Resolution No 535
of the Government of the Republic of Lithuania
of 3 May 2004
I. GENERAL PROVISIONS
Courses having a special structure are listed in point (ii) of the second indent of the first subparagraph of Article 1(a) of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC as amended by:
Commission Directive 95/43/EC of 20 July 1995 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC;
Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties;
Commission Directive 95/43/EC of 20 July 1995 to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC;
Commission Directive 97/38/EC of 20 June 1997 amending Annex C to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC;
Commission Directive 2000/5/EC of 25 February 2000 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC;
Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications, and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC, 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist, and doctor (medical practitioner).
II. PARAMEDICAL AND CHILDCARE TRAINING COURSES
In Germany
Training for:
paediatric nurse (“Kinderkrankenschwester/Kinderkrankenpfleger“);
physiotherapist (“Krankengymnast(in)/Physiotherapeut(in)“);
occupational therapist (“Beschäftigungs- und Arbeitstherapeut(in)“;
speech therapist (“Logopäde/Logopädin“);
orthoptist (”Orthoptist(in)“);
state-recognized childcare worker (“Staatlich anerkannte(r) Erzieher(in)“);
state-recognized 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 (Lands);
psychiatric nurse (“Psychiatrische(r) Krankenschwester/Krankenpfleger“);
speech therapist (“Sprachtherapeut(in)“).
In Italy
Training for:
dental technician (“odontotecnico“);
optician (“ottico“);
chiropodist (“podologo“).
In Luxembourg
Training for:
medical X-ray technician (“assistant technique médical en radiologie“);
medical laboratory technician (“assistant technique médical 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) diplômé(e)“);
childcare worker (“éducateur(trice)“).
In the Netherlands
Training for:
veterinary assistant (“dierenartassistent“) – three years of vocational training in a specialized 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
1. Special basic training for:
nurse specialising in the care of children and young people;
psychiatric nurse
(which represents education and training courses of a total duration of at least thirteen years, comprising:
either at least three years of vocational training in a specialized school culminating in an examination, in some cases supplemented by a one or two-year specialization course culminating in an examination;
or at least two and a half years of vocational training in a specialized school culminating in an examination and supplemented by work experience of at least six months or by a traineeship of at least six months in an approved establishment;
or at least two years of vocational training in a specialized 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).
2. Training for:
contact lens optician (“Kontaktlinsenoptiker“);
pedicurist (“Fubpfleger“);
acoustic-aid technician (“Hörgeräteakustiker“);
druggist (“Drogist“)
(which represents 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 right 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 represents education and training courses of a total duration of thirteen years, including five years of professional training in a specialized school, culminating in an examination).
III. MASTER CRAFTSMAN SECTOR COURSES
Master craftsman sector (“Mester/Meister/Maître”) represents education and training courses concerning skills not covered by the Directives listed in Annex A to Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC.
In Denmark
Training for:
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 recognized examination relating to the craft and conferring the right to use the title Meister (master));
orthopaedic technician (“Ortopädimekaniker“)
(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 recognized examination relating to the craft and conferring the right to use the title Meister (master));
orthopaedic boot and shoemaker (“Ortopädiskomager“)
(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 recognized examination relating to the craft and conferring the right to use the title Meister (master)).
In Germany
1. Training for:
optician (“Augenoptiker“);
dental technician (“Zahntechniker“);
surgical truss maker (“Bandagist“);
hearing-aid maker (“Hörgeräte-Akustiker“);
orthopaedic technician (“Orthopädiemechaniker“);
orthopaedic bootmaker (“Ortopädieschuhmacher“).
2. Training for:
dispensing optician (“opticien“);
dental technician (“mécanicien dentaire“);
hearing-aid maker (“audioprothésiste“);
orthopaedic technician (surgical truss maker) (“méchanicien 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
1. Training for:
surgical truss maker (“Bandagist“);
corset maker (“Miederwarenerzeuger“);
optician (“Optiker“);
orthopaedic shoemaker (“Orthopädieschuhmacher“);
orthopaedic technician (“Orthopädietechniker“);
dental technician (“Zahntechniker“);
gardener (“Gärtner“)
(which represents education and training courses of a total duration of at least fourteen years, including at least five years' training within a structured training framework, divided into 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 at least two years' duration culminating in mastership examination conferring the rights to exercise the profession, to train apprentices and to use the title Meister (master)).
2. Training for master craftsmen in the field of agriculture and forestry:
master in agriculture (“Meister in der Landwirtschaft“);
master in rural home economics (“Meister in der ländlichen Hauswirtschaft“ );
master in horticulture (“Meister um 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 agricultural warehousing (“Meister in der Landwirtschaftlichen Lagerhaltung“)
(which represents 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 (master)).
iv. SEAFARING SECTOR COURSES
Seafaring Sector Transport
In Denmark
Training for:
ship's captain (“skibsförer“);
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
Training for:
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
Training for:
deck officer (“ufficiale di coperta“);
engineer officer (“ufficiale di machina“).
In the Netherlands
Training for:
first mate (coastal vessel) (with supplementary training) (“stuurman kleine handelsvaart (met aanvulling)“);
coaster engineer (with diploma) (“diploma motordrijver“);
VTS-official (“VTS-functionaris“),
Comment: which represents training (recognized under the International STCW Convention, 1978 (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978)):
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 one year of specialized vocational training for the deck officer and three years of specialized vocational training for the others;
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 specialized 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 is supplemented, where appropriate, by a traineeship;
in the Netherlands, for first mate (coastal 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 take place in a specialized vocational training establishment, supplemented by a twelve-month traineeship;
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 specialization courses, comprising at least 12 weeks of theoretical training each and culminating each in an examination.
Sea Fishing
In Germany
Training (recognized under the 1977 Torremolinos Convention (1977 International Convention for the Safety of Fishing Vessels)) for:
captain, deep-sea fishing (“Kapitän BG/Fischerei“);
captain, coastal fishing (“Kapitän BLK/Fischerei“);
deck officer, deep-sea vessel (“Nautischer Schiffsoffizier BGW/Fischerei“);
deck officer, coastal vessel (“Nautischer Schiffsoffizier BK/Fischerei“).
In the Netherlands
Training for:
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 represents 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 specialized vocational training supplemented, where appropriate, by two years' work experience in navigation; in the Netherlands, involving a course varying in duration between 13 and 15 years, at least two years of which are provided in a specialized vocational school, supplemented by a 12-month period of work experience).
v. TECHNICAL SECTOR COURSES
In Italy
Training for:
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 Baccalaureate examination, and supplemented for building surveyors by either a traineeship lasting at least two years in a professional office, or five years' work experience, and for land surveyors, by the completion of a practical traineeship lasting at least two years followed by the State Examination).
In the Netherlands
Training for:
bailiff (“gerechtsdeurwaarder“);
dental-prosthesis maker (“tandprotheticus“),
which represents a course of study and vocational training:
(in the case of the bailiff (“gerechtsdeurwaarder”), totalling 19 years, comprising eight years' compulsory schooling followed by eight years' secondary education including four years' technical education culminating in the State Examination and supplemented by three years' theoretical and practical vocational training,
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
Training for:
forester (“Förster“);
technical consulting (“Technisches Büro“);
labour leasing (“Überlassung von Arbeitskräften Arbeitsleihe“);
employment agent (“Arbeitsvermittlung“);
investment adviser (“Vermögensberater“);
private investigator (“Berufsdetektiv“);
security guard (“Bewachungsgewerbe“);
real estate agent (“Immobilienmakler“);
real estate manager (“Immobilienverwalter“);
advertising and promotion agency (“Werbeagentur“);
building project organizer (“Bauträger, Bauorganisator, Baubetreuer“);
debt-collecting institute (“Inkassoinstitut“)
(represents education and training of a total duration of at least 15 years, comprising eight years' compulsory schooling followed by a minimum of five years' secondary technical or commercial study, culminating in a technical or commercial matura examination, supplemented by at least two years' workplace education and training culminating in a professional examination);
insurance consultant (“Berater in Versicherungsangelegenheiten“)
(which represents education and training of a total duration of 15 years, including 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 year's vocational training divided into four years' secondary technical study and five years' 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”)).
VI. United Kingdom of Great Britain and Northern Ireland COURSES ACCREDITED AS NATIONAL VOCATIONAL QUALIFICATIONS OR SCOTTISH VOCATIONAL QUALIFICATIONS
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 – freght/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 approved or recognized 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).
