Incorporated Into The National Legal Order The Decision Of The Council Of The Mercosur Common Market No. 25/2003.

Original Language Title: Incorpórase al ordenamiento jurídico nacional la decisión del Consejo del Mercado Común del Mercosur Nº 25/2003.

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COMMON market of the South common market of the South Law 26.800 incorporated into the national legal order the decision of the Council of the Mercosur common market no. 25/2003. Sanctioned: 21 November 2012 fact promulgated: 26 December 2012 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 ° - incorporated into the national legal order, for the purposes provided in article 40 of the Protocol of OURO PRETO, the Decision of the Council of the common market of the MERCOSUR No. 25/03, which authenticated photocopy is added as an annex to this law.
Article 2 °-the normative that is incorporates by the present will enter in force of conformity with it ready in the article 40 of the Protocol of OURO PRETO.
Article 3 ° - contact the national executive power.
-REGISTERED UNDER NO. 26.800 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
ANNEX MERCOSUR/CMC/DEC. Nº 25/03 mechanism for the exercise professional acting seen: The Treaty of Asunción, the Protocol of Ouro Preto, the Montevideo Protocol on trade in services and the common market Group resolution No. 36/00. Whereas: There is the need to establish standards of character quadripartite within the context and objectives of the MERCOSUR, to grant temporary licences to providers of professional services, in States parties. That the Montevideo Protocol provides in its article XI the commitment of States parties to encourage in their respective territories, government entities and associations and professional associations, to develop standards for the exercise of activities for licensing occupations and propose recommendations to the GMC on mutual recognition whereas the education, experience, licenses, registrations or certifications obtained in the territory of another State party. That them referred standards should base is in criteria and objectives transparent, that ensure the quality of the service professional, it protection to the consumer, the order public, it security and the health of the population, the respect by the environment and it identity of them States parts. That the provisions and recommendations should not be are barriers or restrictions on the provision of a temporary professional service. That it must be run to the planned harmonization to minimize the amendment of legislation in force in the States parties that have regulation on professional practice and encourage their establishment in States parties which do not have such regulations. That should be provided to each State party and the professionals instruments appropriate to the breach of the mechanism for the mutual recognition of vehicle registration for the acting profession by an entity responsible for the registration and professional control of another State party. That it must be run to obtain preferential benefits in practice for States parties against other countries or blocks, while maintaining the criteria of transparency, fairness and efficiency. A significant number of professional institutions of States parties have been grouped in naturally by disciplines or clustering of disciplines and have been holding meetings, exchanging information and reached consensus on the criteria and common procedures for professional practice in the region. THE Council market common decides to: Art. 1-approve them "guidelines for the celebration of agreements framework of recognition reciprocal between entities professional and the elaboration of disciplines for the granting of licenses temporary", that consist as annex I and form part of the present Decision. Article 2 - pass the "functions and powers of the centers focus information and management", which appear as annex II and form part of this Decision. Article 3-approve the "mechanism of functioning of the system", that figure as annex III and form part of the present Decision. Article 4-the present Decision should be built-in to them systems legal national, according to those procedures respective of each State part. XXV CMC - Montevideo, 15/XII/03 annex I guidelines for the conclusion of agreements framework of recognition reciprocal between professionals and development of disciplines for the temporary licensing A - general provisions article 1 - the granting of licenses, registrations or certifications for the temporary provision of professional services in the framework of the Montevideo Protocol on trade in services , is held through those agencies professional responsible of the control and the control of the exercise professional. The system will operate in accordance with the provisions of annex III. For the purposes of this document, is understood as professional services provided by academics or above, and technical professionals. Article 2 - standards and guidelines for the granting of temporary licences should be common to States parties. For the elaboration of the common regulations, a working group will conform for each profession or clustering of professions. Article 3 - each working group will be formed by the entities responsible for the oversight of the exercise of each profession or clustering of professions, in accordance with the legislation in force in each State party, or by the national organization that understand them. When there is no control delegate at a professional entity, or legally authorized national organization comprising them, the services group, national section of each State party shall designate professional entities that will make up the working group. Article 4 - working groups will have a mandate the elaboration of guidelines and disciplines for the granting of licenses or registrations for the acting profession and of the framework agreements for reciprocal recognition between professional entities, in accordance with the guidelines contained in item B of this annex. Article 5 - entities professionals, who wish to establish a working group, requested its recognition as such to the MERCOSUR group of services. Recognizing to this end to the already existing, shall be constituted a working group for each profession or related professions. Article 6 - elaborated and agreed upon in the working groups, proposals will be put to consideration of the services group, which will assess its consistency with the Montevideo Protocol and set out in this Decision, the feasibility of its implementation, and implement them for consideration by the GMC for approval. Article 7 - for the implementation of the mechanism, institutions of each State party, responsible for the supervision of exercise every profession, will sign the framework agreements of mutual recognition, which should be high through the services group to the GMC for approval. Article 8 - the professional entities that enter into the agreement shall comply with the following requirements: to) be legally responsible for the granting of licenses and registrations for the professional exercise and its control in their respective jurisdictions; (b) cover all the territory of the State party or a substantive part of the territory of that State party be considered fair by the authorities of other States parties. Article 9 - each State party will have a focal point by profession or clustering of professions, which constitutes the center of information on legislation and national regulation and in each of the jurisdictions that integrates it, whose functions and powers listed as annex II and form part of this Decision. Article 10 - the signed framework agreements shall apply in accordance with the Protocol of Montevideo and the rules of the existing conventions on nationality, domicile, residence and work permit, migrations. The applicability of the framework agreements signed will be subject to the existence of agencies in each State party of registration and control of the exercise of the professions corresponding to each framework agreement, to which the affiliation of the professionals in the respective States parties is mandatory. Article 11 - each State party undertakes to implement the instruments necessary to ensure the full observance with the national scope of the signed framework agreements, as well as the harmonization of legislation, to allow the implementation of the same. Article 12 - each framework agreement be put into force with the accession of oversight of the professional practice of two entities (2) States parties. Once in force, the agreement shall only apply to States parties whose control of professional practice entities acceded to the agreement. Article 13 - at the request of a State party this mechanism may be examined and, by common agreement, modified for its further development. B guidelines

Order a professional registered in a State party to the MERCOSUR to develop a professional activity in another State party, each framework agreement should contemplate the aspects mentioned below: a) the need for a contract to develop their activities in the host country; (b) common requirements in the four countries for their entry in the temporary professional record of the entity of professional control of the jurisdiction where it will exercise the profession; (c) the requirements in the field of translation of documents for registration; (d) them criteria of equivalences in the training and their reaches or competencies and experience minimum required, to define by commissions quadripartite by profession or grouping of professions, and can perform is tests of fitness or tests of enabling not discriminatory and establish requirements of education permanent; (e) the procedures and deadlines for communication between professional entities of origin and recipient during the registration and supervision of the activity; (f) the grounds for refusal of registration and the appeals procedure; (g) the competences, rights and obligations of professional acting exercise, and can not be elector or eligible the entity of local control; (h) the explicit recognition of the Professional with regard to disciplinary jurisdiction, ethics and technique of the audit institution receiving, respecting it and all other local legislation; (i) the commitment of the professional to restrict his activity exclusively to the provisions of the contract and compatible with their vocational training being the violation of this ground for cancellation of the registration in the temporary register; (j) the implementation of a code of common ethics for each profession or clustering of professions; (k) the application of the procedures in force in the local jurisdiction and the commitment by the respective audit institution of fair and equal treatment among professionals in temporary exercise that jurisdiction; I) the temporary registration will be up to two years, renewable for equal period linked to an extension of the contract; (m) not impose assessments on knowledge local not linked to the exercise professional for the record; (n) requirements to ensure the emerging professional liability; (o) the procedure for the settlement of disputes; (p) establishing a mechanism of sanctions. Each working group, may constitute committees by profession, wherever necessary, in order to contribute to the definition of the criteria for equivalences in the formation and its powers, scope or competences and minimum experience required, tests of aptitude or qualification exams and continuing education requirements.
Annex II functions and powers of the centers focus information and management 1 - the Focal Centre in each State party will be formed by the signatory institutions of the framework agreements, which is responsible for the supervision of the professional practice in their jurisdictions, which in addition to information and management centre shall establish its rules of procedure and coordinate meetings and their agendas. (2-each Center FocaI of a State part will be, as minimum them following activities: to) keep, updated the information on legislation, regulations and procedures that the entities of that State attached to the agreement frame you have delivered; (b) file a copy of the original approval of the framework agreement by the GMC and the accessions and inform them, keeping up to date the respective information;
( c) organize and maintain a database with information updated in which record, between others, the movement of professional temporary and them any sanctions, on the basis of the information provided by each entity; (d) maintain communication with the corresponding focal centres of the other three States parties; (e) count with a site in the web where is will keep, the information required on legislation, regulations and procedures applicable, as well as all other information that the Agency quadripartite consider suitable to the compliance of the objective of the Center Focal. 3. the costs of creation and functioning of the focal centres will be paid by professional institutions members.
Annex III operation of the mechanism to) mechanism operation 1. For provide services professional temporary, the professional duly registered and enabled in your country of origin, must request its registration in the register professional temporary in the entity audit of the exercise professional, in whose jurisdiction accredits a contract of provision of services. 2. the control entity will be responsible for the implementation of the mechanism and by registration in the temporary register to professionals of other States parties that require it and meet the agreed requirements. 3. any adherent entity shall inform the focal point, periodically, high, low, penalties and all novelty in the normative current professional in your jurisdiction. 4. the working groups shall carry out an annual report on the development of the profession in the region and will be sent to the GMC, through the Group of services. 5. the working groups will continue making proposals for the enhancement of the system to the GMC, through the Group of services. b) mechanism of Adhesion to each framework agreement the addition to each framework agreement of entities in oversight of the professional practice of a State party will be requested to the GMC, through services group. To this effect, you must provide legal documentation proving their condition of body responsible for the control of exercise in the appropriate jurisdiction, have the approval of the Working Group and accompanied by a copy of the legislation, regulations and procedures applied by the entity in their jurisdiction to control the practice, as well as all other related regulations that apply to the profession in that jurisdiction. Audit entities that adhere must conform to the regulations established for the granting of the temporary registration. Services Group will inform the GMC their conformity with the order of accession. (c) management of solution of controversies the GS will evaluate the consistency of dispute resolution mechanisms developed by the working groups in accordance with article 4 of the item A of annex I, with MERCOSUR legislation and the feasibility of its implementation. This dispute resolution mechanism will be unique for all professions.

Date of publication: 28/12/2012