Name of law Law amending and supplementing the law on the recognition of professional qualifications Name of Bill a bill amending and supplementing the law on the recognition of professional qualifications date adopted 23/03/2016 number/year Official Gazette 27/2016 Decree No 82
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law amending the law on the recognition of professional qualifications, adopted by the National Assembly of HLIIÌ 23 March 2016.
Issued in Sofia on March 31, 2016.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Catherine Dana
LAW
amending the law on the recognition of professional qualifications (official SG 13 of 2008; amend., SG. 41 and 74 from 2009, no. 98 of 2010, issue 8, 9, 43 and 61 by 2011, no. 68 in 2013, no. 21 by 2014 and 80 by 2015.)
§ 1. In art. 1 Finally a comma and add "as well as the terms and conditions for partial access to the exercise of a regulated profession and recognition of experience to absorb the profession in another Member State".
§ 2. In art. 2 make the following amendments and additions:
1. a new paragraph. 2:
"(2) the law shall also apply to nationals of Member States who have completed internship for mastering the profession outside the Member State of origin."
2. The current paragraph. 2 it al. 3.
3. a para. 4:
"(4) the law does not apply in respect of the recognition of professional qualifications of seafarers, notaries public and notarial activity."
§ 3. Art is created. 7A:
"Art. 7. (1) the recognition granted partial access to the exercise of a professional activity, in the event that the following conditions are met:
1. the applicant is fully qualified to exercise in the Member State of origin, the activity for which partial access in the Republic of Bulgaria;
2. the differences between the professional activities legally pursued in the Member State of origin, and the regulated profession in the Republic of Bulgaria are so significant that the implementation of compensatory measures would be immediately improved the requirement for the applicant to pass the full course of education and training required in the Republic of Bulgaria, to get unlimited access to a regulated profession;
3. professional activities may objectively be separated from other activities within the scope of the regulated profession in the Republic of Bulgaria, using for this purpose the recognition shall take into account whether the professional activity may be exercised as an independent activity in the Member State of origin.
(2) partial access can be denied if the refusal be reasoned with imperative reasons of general interest, which can help to achieve the target and do not go beyond what is necessary to achieve that objective.
(3) the person has been granted partial access, pursue professional activity under the name of the profession in the Member State of origin. The name must be indicated and the Bulgarian language.
(4) the person to whom is granted partial access, clearly indicates the recipients of the services the scope of his professional activity.
(5) partial access shall not be granted in the case of automatic recognition of professional qualifications in part three, chapters, the second, third and third. "
§ 4. Art is created. 8A:
"Art. 8A. The recognition issue a European professional card holders of professional qualification, at their request, under the conditions and in accordance with procedures laid down by Ordinance adopted by the Council of Ministers, on a proposal from the Minister for education and science following consultation with the relevant professional and trade organisations. "
§ 5. In art. 10 item 2 is amended as follows:
"2. engaged in the profession in one or more Member States in full time not less than one year, or of an equivalent total duration in part-time jobs over the past 10 years, when the profession is not regulated in that Member State; This requirement shall not apply where the profession or the education and training required for the exercise, are regulated in the Member State of establishment.
§ 6. In art. 13, para. 2 make the following amendments and additions:
1. In paragraph 4, the word "two" shall be replaced by "a".
2. point 5 shall be replaced by the following:
"5. a certificate that the person has not been convicted and was withdrawn temporarily or permanently the right to exercise the profession – the occupation of security, health and professions involved in the education of minors, including child care and preschool education, for which the Republic of Bulgaria requires such;".
3. Create is that 6 and 7:
"6. the Declaration of fluency in Bulgarian language – in professions which have implications for patient safety;
7. a certificate concerning the nature and duration of the activity issued by the competent authority in the Member State in which the person has been found – for professions in which activities are carried out under art. 33, para. 1. "
§ 7. In art. 20, para. 1 the words "chapter III" shall be replaced by ' chapter second, third and third "a".
§ 8. In art. 21 the following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
(1) within one month of receipt of the declaration under art. 13, para. 1 and the accompanying documents, the authority shall inform the declarant in recognition of their decision to not carry out a prior check of his qualifications or after it has carried out the verification:
1. require the applicant to take an aptitude test, or
2. to enable the provision of services. "
2. Paragraph 4 is replaced by the following:
"(4) where it is established that a significant discrepancy between the professional qualifications of the declarant, and training in the Republic of Bulgaria for the pursuit of the profession concerned which may threaten the safety of citizens and lead to serious damage to their health, and this discrepancy cannot be compensated by professional experience of the declarant or with the knowledge, skills and competences acquired through lifelong learning officially validated for that purpose by the competent authority, the authority shall provide for recognition of the declarant, the opportunity to prove that he has acquired the missing knowledge or his competence as laid an aptitude test in accordance with art. 83, para. 3. "
3. in the Al. 6 the words "can" be deleted.
4. in the Al. 7 the word "authority" is replaced by "in cases of reasonable doubt the authority".
5. Al are created. 8 and 9:
"(8) in the event that the authority has decided to carry out an inspection recognition of professional qualifications, it may submit a request to the competent authorities of the Member State of establishment to provide information on the training courses of the collateral provider services, in so far as this is necessary for the evaluation of significant inconsistencies for which is likely to be detrimental to the public health or safety.
(9) where the professions are not regulated in the Member State of origin, the information referred to in para. 7 and 8 can be provided by Help Center. "
§ 9. In art. 25 the following amendments and supplements shall be made:
1. In the text before paragraph 1, after the word "recognition" and "be added in cases where the required an adaptation period or an aptitude test for the recognition of".
2. In paragraph 3 (b) shall be replaced by the following:
b) regulated education or training or, in the case of a regulated profession – professional training with a special structure, such as for competencies beyond the training referred to in paragraph 2, equivalent to the training referred to in paragraph (a), if this training provides a comparable professional standards and prepares the trainee for a comparable level of responsibilities and functions, provided that the diploma shall be accompanied by a certificate issued by the Member State of origin ".
3. Points 4 and 5 are amended:
"4. a diploma certifying successful completion of training in secondary education, with a duration of not less than three and not more than 4 years full-time training or of an equivalent duration on a part-time basis, which in addition can be expressed by an equivalent number of credits under the European credit transfer system (ECTS), in University or other higher education institution, or school providing an equivalent training, and, where necessary, certifying completion of professional training required in addition to the course of secondary education;
5. a diploma certifying successful completion of training at secondary education of a duration of not less than 4 years full-time training or of an equivalent duration on a part-time basis, which in addition can be expressed by an equivalent number of credits under the European credit transfer system (ECTS), in University or other higher education institution, or school providing an equivalent training, and When necessary, certifying completion of professional training required in addition to the course of secondary education ".
§ 10. In art. 26 the word "community" shall be replaced by "European Union, into regular or part-time training, within or outside the formal curriculum.
§ 11. In art. 28 is made the following changes and additions:
1. In paragraph 8. 1, after the words "evidence of formal qualifications" is added "under art. 25. "
2. Paragraphs 2 and 3 shall be read with the following adaptations:
"(2) the attestations of competence or evidence of formal qualifications referred to in paragraph 1. 1 must be issued by a competent authority in another Member State designated for that purpose in accordance with the laws, regulations or administrative provisions in force in that Member State.
(3) When the profession is not regulated in the Member State of origin or of residence, access to it is permitted and to applicants who have engaged in full-time employment for at least one year or of an equivalent total duration in part-time jobs over the last 10 years in that Member State and possess one or more attestations of competence or evidence of one or more formal qualifications. "
3. Paragraphs 5 and 6 shall be read with the following adaptations:
"(5) the professional experience of one year in the Al. 3 is not required if the evidence of professional qualifications of the applicant shall certify completion of regulated education and training. Skill level under art. 25, paragraph 3, subparagraph (a) shall be regulated education and training or vocational training with a special structure as referred to in art. 25, item 3 (b), where it is attested by the Member State of origin.
(6) the authority may refuse the recognition, access to the profession or to its exercise of the applicants whose certificates of competency fall within art. 25, paragraph 1, when the required for the pursuit of the occupation qualification in the Republic of Bulgaria falls within art. 25, item 5. "
§ 12. In art. 29 the following modifications are made:
1. In paragraph 8. 1:
a) point 1 shall be repealed;
b) in paragraph 2 the words "covers substantially different matters than required" are replaced by "differ substantially in content in respect of the professional activities in comparison with the scope of the training";
c) in paragraph 3 the words "the applicant, and the discrepancy is expressed at the lack of specific training which is required in the Republic of Bulgaria, or in significant difference in its contents under" are replaced by "the applicant and for which the Republic of Bulgaria requires training, whose content differs significantly from that in".
2. paragraph 2 is replaced by the following:
"(2) a substantial difference in the Al. 1, item 2 is present when the training received by the applicant, is characterized by significant discrepancies in content and duration compared to the duration and/or the contents of the training required in the Republic of Bulgaria, and acquired as a result of this training, knowledge, skills and competence does not correspond to the necessary for the exercise of the profession. "
§ 13. In art. 31 is made the following changes and additions:
1. a new paragraph. 4:
"(4) the authority for recognition may require the applicant to undergo an adaptation period or an aptitude test for the recognition, when:
1. the applicant wishes the recognition of their professional qualifications under art. 25, paragraph 1, when the required professional qualifications in the Republic of Bulgaria fall within art. 25, paragraph 3, or
2. the applicant wishes the recognition of their professional qualifications under art. 25, item 2, where the required professional qualifications in the Republic of Bulgaria fall within art. 25, item 4 or 5. "
2. a para. 5:
"(5) the authority for recognition may require the applicant to pass as an adaptation period and an aptitude test recognition when the applicant wishes the recognition of their professional qualifications under art. 25, paragraph 1, when the required professional qualifications in the Republic of Bulgaria fall within art. 25, item 4. "
3. The current paragraph. 4 it al. 6 and shall be amended as follows:
"(6) for the application of para. 1 the authority for recognition shall verify that the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning and officially validated for that purpose by the competent authority in another Member State or in a third country may, in whole or in part, to compensate for the substantial discrepancies in the training. "
4. Al are created. 7 and 8:
(7) the decision on the requirement for passage of an adaptation period or to take the test for the recognition of legal capacity must be duly substantiated by the applicant, provide the following information:
1. the level of professional qualifications required in the Republic of Bulgaria, and the level of professional qualification of the applicant in accordance with the classification under art. 25;
2. substantial differences within the meaning of art. 29, para. 2, and the reasons why such differences cannot be compensated by the knowledge, skills and competences acquired in the course of professional experience or through lifelong learning, officially validated for that purpose by the competent authority.
(8) recognition authorities ensure that applicants have the opportunity to take the test for the recognition of competence not later than 6 months from the date of the decision referred to in paragraph 1. 7. "
§ 14. Article 32 is repealed.
§ 15. In art. 37, para. 1, after the word "knowledge" a comma and the words "and skills" are replaced by "skills and competences".
§ 16. In art. 41, para. 3, after the words "25 June 1991" a comma and add "or Croatia, where training is started before 8 October 1991.
§ 17. In art. 43, para. 1 paragraph 1 shall be replaced by the following:
"1. the duration is at least 5 years, which can be expressed with the equivalent number of credits under the European credit transfer system (ECTS), and includes no less than 5500 hours of theoretical and practical training conducted by or under the direction of a University; '.
§ 18. In art. 46 creating al. 4:
"(4) the evidence referred to in paragraph 1. 2, issued in Italy to doctors, who began his training for the acquisition of specialty after 31 December 1983 and before January 1, 1991, are recognised when the relevant training does not meet the minimum qualification requirements of this law, if they are accompanied by a certificate issued by the competent Italian authority attesting that the doctor actually and lawfully in Italy has pursued activities of specialist doctor in the same specialty for at least 7 consecutive years over the last 10 years prior to the issuance of the licence. "
§ 19. In art. 48 following amendments and supplements shall be made:
1. In paragraph 2, after the word "years" a comma and the Union "or" is replaced by "that can be expressed with an equivalent number of credits under the European credit transfer system (ECTS), and includes no less than".
2. In paragraph 4:
(a)) in the text before the letter "a" after the word "knowledge" is a comma, the Union "and" shall be deleted and the word "after" skills and competences "is added";
b) in paragraph (a), the word "appropriate" shall be replaced by "comprehensive";
the letters are created) "is"-"n":
"it is) competence for the self determination of the necessary health care, using the latest theoretical and clinical knowledge, and to plan, organize, and passing the health care in the treatment of patients with the aim of improving professional practice;
g) competence for effective collaboration with other health care professionals, including participation in the practical training of health professionals;
(h)) to promote competence in individuals, families and groups of individuals to lead a healthy way of life and to care for themselves;
and self competence) take immediate life-saving measures and to take action in the event of a crisis and disaster;
k) competence for providing advice, guidance and support to persons in need of health care, and their loved ones;
l) competence for independent quality assurance and assessment of health care;
m) competence for the implementation of a comprehensive communication and professional cooperation with the representatives of other professions in the health sector;
n) competence for analysing the quality of health care with the aim of improving their own professional practice as a nurse. "
§ 20. In art. 50 al. 1 is repealed.
§ 21. Article 51 shall be replaced by the following:
"Art. 51. Recognise the following evidence of formal qualifications in the profession as a nurse of nationals of non-Member States, acquired in Romania, which do not satisfy the minimum training requirements of this law, if they are accompanied by a certificate for actual and lawful pursuit of the activities of a nurse in Romania, including taking full responsibility for the planning, organization and application of health care for patients at least three consecutive years during the five years prior to the date of issue of the certificate: § 22. In art. 52, paragraph 1, after the word "years" a comma and add "who in addition can be expressed in an equivalent number of credits under the European credit transfer system (ECTS), and contains not less than 5000 hours.
§ 23. In art. 56 following amendments and supplements shall be made:
1. In paragraph 1, after the word "years" a comma and add "which in addition can be expressed in an equivalent number of credits under the European credit transfer system (ECTS).
2. In point 3:
a) in paragraph (a) add "and on the right of the European Union, linked to these activities;
b) (b) shall be replaced by the following:
b) Anatomy, Physiology, behavior and physiological needs of the animals, as well as the skills and competences necessary for their cultivation, nutrition, welfare, their reproduction and hygiene in General; "
c) (c) shall be repealed;
d) point (d) shall be replaced by the following:
"d) clinical, epidemiological and analytical skills and knowledge necessary for the prevention, diagnosis and treatment of the diseases of animals, including anesthesia, aseptic surgery and painless death, considered individually or in a group, including a special knowledge of the diseases which may be transmitted to humans;"
e) in point "d" add "including competences related to surveys and certification";
is the letter "e") is amended as follows:
"it is) the hygiene and technology involved in the extraction, production and distribution of food for the animals or products of animal origin intended for human consumption, including the skills and competences necessary for the understanding and dissemination of best practices in this respect;"
(g))) ((g) shall be replaced by the following:
"(g)) the responsible and prudent use of veterinary medicinal products in order to treat the animals and ensure the safety of the food chain and the environment;"
h) letter "h" is repealed.
§ 24. In art. 58, item 4 is hereby amended as follows:
1. the letter "a" in the word "sufficient" shall be replaced by "comprehensive".
2. the letters "c" and "d" are hereby amended:
"in medical knowledge) suitable (biological functions, Anatomy and Physiology) and knowledge of Pharmacology in the field of obstetrics and neonatology, and knowledge about the relationship between health and the physical and social environment of the individual and of his behaviour;
d) suitable clinical experience gained in approved hospitals, which allows the midwife – independently and assuming full responsibility and to the extent necessary except in pathological cases, to provide prenatalnite care, the birth and subsequent manipulations in accredited hospitals and to ensure prenatal and childbirth, providing care and rehabilitating postnatalni newborns to the appearance of doctor; ".
§ 25. In art. 59 the following modifications are made:
1. In paragraph 8. 1 items 1, 2 and 3 shall be read with the following adaptations:
"1. the duration of the training is at least three years, who in addition can be expressed in an equivalent number of credits under the European credit transfer system (ECTS), including at least 4600 hours of theoretical and practical training, as at least one third of the minimum duration represents the clinical training;
2. the duration of the training is at least two years, which in addition can be expressed in an equivalent number of credits under the European credit transfer system (ECTS), including a minimum of 3600 hours, after the acquisition of evidence of formal qualifications as a nurse according to the list under art. 6, al. 1, item 6 (b);
3. the duration of the training is at least 18 months, which, in addition, can be expressed in an equivalent number of credits under the European credit transfer system (ECTS), which includes at least 3000 hours, after the acquisition of evidence of formal qualifications as a nurse "as listed under item 2, followed by one year of professional experience certified by a certificate."
2. in the Al. 2, after the words "under para. 1 "the comma and the words" paragraphs 1 and 3 shall be deleted.
§ 26. In art. 62 the words "of the citizens of the Member States" and "or whose training started in this country ' shall be deleted.
§ 27. In art. 64 following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) in paragraph 1, after the word "years" a comma and add "who in addition can be expressed in an equivalent number of credits under the European credit transfer system (ECTS);
b) in point 3, the words "held a" are replaced by "during or at the end of the theoretical and practical training is conducted".
2. in the Al. 2:
(a) the letters "d") – "g" shall be amended like that:
"e), preparation, testing, storage, distribution and the provision of safe and effective medicinal products with the necessary quality in pharmacies;
is test) preparation, storage, and delivery of safe and effective medicinal products with the necessary quality in hospitals for hospital care;
(g)) the provision of information and advice on medicinal products, including on their correct use; "
(b)) are letters "h", "k":
"h) reporting on adverse reactions to medicinal products by the competent authorities;
and support for patients) in terms of their treatment, tailored to personal needs;
k) participation in local or national programmes in the field of public health. "
§ 28. In art. 66 following amendments and supplements shall be made:
1. The current text becomes paragraph 1 and made the following changes:
a) point 1 shall be amended as follows:
"1. the duration is:
a) for at least 5 years in full-time training, which in addition can be expressed in an equivalent number of credits under the European credit transfer system (ECTS), at a university or other higher education institution and ends with passing the exam, or
(b)) at least four years of full-time training, which in addition can be expressed in an equivalent number of credits under the European credit transfer system (ECTS), in University or other higher education institution and ending with laying of examination, together with the certificate of completed two years of professional practice, carried out in accordance with para. 2; "
b) point 2 is repealed;
c) in item 5, "and finally" a comma and add "within the framework of sustainable development".
2. a para. 2:
"(2) the practice under para. 1, item 1 (b) shall take place after the completion of the first three years of training, as at least one year of her elaborate acquired during the training, knowledge, skills and competence. The practice is conducted under the authority of the person or body authorised by the competent authority in the Member State of origin, and shall be assessed by the competent authority in that Member State. "
§ 29. Articles 67 and 68 are repealed.
§ 30. In art. 69 is hereby amended as follows:
1. In paragraph 8. 1, after the words "except in the cases under art. 66 "the comma and the words" 67 and 68 ' are deleted, and the words "meets the requirements of art. 67, which "shall be replaced by" meets the requirements of art. 66, para. 1, item 3-5 and ".
2. in the Al. 2 the words "art. 66, paragraph 2 "shall be replaced by" art. 66, para. 1, item 1 (b).
§ 31. In art. 71 Al is created. 3:
"(3) paragraphs 1 and 2 shall apply to evidence of formal qualifications in the profession as an architect referred to in the list under art. 6, al. 1, item 11, when training is begun before 18 January 2016. "
§ 32. In art. 72 Al is created. 3:
"(3) for the purposes of access to and the exercise of the profession of architect" Republic of Bulgaria admits to having the same effects on the territory of the country as the permit thereof a certificate of training conducted, attributed to 5 August 1985 and commenced no later than 17 January 2014, provided by "Fachhochschulen" in the Federal Republic of Germany, for a period of three years, which meets the requirements under art. 66, item 3-5 and gives access to those referred to in art. 70 activities in that Member State under the professional title of "architect", insofar as training is followed by four years of professional experience in the Federal Republic of Germany, authenticated by a certificate issued by a competent authority in whose register is inscribed the architect wishing to benefit from the provisions of the directive. "
§ 33. In part three, chapter three is created "a" with art. 72 and 72 (b):
"Chapter three" a "
AUTOMATIC RECOGNITION OF PROFESSIONAL QUALIFICATIONS ON THE BASIS OF THE GENERAL PRINCIPLES OF TRAINING
Art. 72. (1) the general framework of the training does not replace the curricula in the Member State, unless it decides otherwise in accordance with their national law.
(2) Recognize is necessary for the exercise of a regulated profession certificates of professional qualifications acquired on the basis of the general framework of education, provided that:
1. the general framework of education allows more specialists to relocate from one Member State to another;
2. the profession, in terms of applying the general framework of training or education and training leading to the profession are regulated in at least one-third of all Member States;
3. the common set of knowledge, skills and competence combines the knowledge, skills and competences required in education and training systems to be applied in at least one third of the Member States, no matter whether the relevant knowledge, skills and competences are acquired within the general education course at a university or other higher education institution, or within the framework of vocational training;
4. the general framework of the training is based on the levels of the European qualifications framework, set out in annex II to the recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European qualifications framework for lifelong learning (OJ, with 111/1 of 6 May 2008);
5. the profession is not covered by another common framework of training and not subject to automatic recognition in accordance with Chapter III;
6. the general framework of the training is developed through a transparent due process, including with the participation of the relevant stakeholders from Member States where the profession is not regulated;
7. the general framework of the training allows the citizens of each Member State to acquire a professional qualification in that framework without requiring registration or membership in a professional organization.
(3) are not automatically recognised professional qualifications in accordance with the general framework of the training, if there is any of the following conditions:
1. the territory of the Republic of Bulgaria there are no schools, universities or other educational institutions, which can offer such training for the profession;
2. the implementation of the general framework of education would affect adversely the Organization of the system of education and vocational training;
3. There are substantial differences between the general framework of education and training in the Republic of Bulgaria, which leads to serious risks to public order, public security and public health, the safety of users of the services or for the protection of the environment.
(4) paragraphs 2 and 3 shall also apply to the majors within a profession, if these subjects relate to professional activities, access to and pursuit of which are regulated in the Member States where the profession is subject to automatic recognition in chapter three.
Art. 72B. (1) the application of General test in the training given to the holder of the qualification the right to exercise the profession under the same conditions applicable to holders of qualifications obtained in the country.
(2) the total exam in training must:
1. to enable more professionals to move from one Member State to another;
2. to apply in respect of the regulated profession or regulated education and training leading to the exercise of this profession, at least one third of the Member States;
3. has been prepared through a transparent due process, including with the participation of the relevant stakeholders from Member States where the profession is not regulated;
4. to allow the nationals of each Member State to participate in the exam and the practical arrangements for such tests in the Member States, without requiring registration or membership in a professional organization.
(3) organize a joint exam in training and are not automatically recognised qualification of specialists, acquired after passing a general exam in training, if there is any of the following conditions:
1. the profession is not regulated in the territory of the Republic of Bulgaria;
2. the content of the General exam in training will not cut sufficiently typical for the territory of the Republic of Bulgaria risks to public health or to the safety of service users;
3. the content of the General exam in training will significantly reduce the attractiveness of the access to the profession in comparison with requirements in the Republic of Bulgaria. "
§ 34. In art. 82 Item 4 is created:
"4. the applicant has not removed or deprived of the right to exercise the profession as a result of grave professional misconduct or conviction for an offence under service in connection with the exercise of any of his professional activities."
§ 35. Art is created. 82A:
"Art. 82. The exchange of information under art. 81 and 82 between the competent recognition authorities in different Member States is carried out by means of the internal market information system. "
§ 36. Art is created. 85A:
"Art. 85. (1) where the exercise of a regulated profession is subject to the passage of the internship for the absorption of the profession, the recognition acknowledges an absorbing profession cross in another Member State, if it is in accordance with the guidelines referred to in paragraph 1. 4 and recorded internships for mastering the profession, passed in a third State.
(2) the authority may establish more appropriate recognition of the limitation of the duration of the portion of an absorption of the profession, which can be crossed in abroad.
(3) the recognition of an absorption of the profession does not replace the requirements for passing the examination for the exercise.
(4) the authority shall publish guidelines for recognition on the Organization and the recognition of internships for mastering the profession, passed in another Member State or in a third country, including on the role of the head of an absorbing profession. "
§ 37. In art. 89 following amendments and supplements shall be made:
1. The current text becomes paragraph 1.
2. Al are created. 2-5:
"(2) the verification of knowledge in Bulgarian language is mandatory:
1. in the exercise of a profession that has implications for the safety of patients, or
2. when there is a serious and specific doubt about the adequacy of the language knowledge of the person with regard to employment, which it will be carried out.
(3) the verification referred to in paragraph 1. 2 shall only be carried out after the issuance of a European professional card or after recognition of professional qualifications.
(4) the verification under paragraph 1. 2 takes place in a row, set by the relevant authority of recognition, with the exception of verification in respect of regulated medical professions carried out by the order of the Ordinance under art. 186, para. 3, item 1 of the Health Act, and must be in proportion to the activity that will be exercised.
(5) the Act which provides the result of the examination referred to in paragraph 1. 2, subject to appeal under the conditions and pursuant to the administrative code.
§ 38. Name of part five shall be replaced by the following: "administrative cooperation and social responsibility".
§ 39. Art is created. 92 (a):
"Art. 92. The exchange of information under art. 91 and 92 are done through the internal market information system. "
§ 40. In art. 93, para. 1 create item 5 and 6:
"5. prepares analyses of proposals for common frameworks of training and exams in general training;
6. Exchange of information and good practices regarding the requirement for the applicant to undergo an adaptation period or take the test for the recognition of legal capacity under art. 29. "
§ 41. In part five you create art. 95-98:
"Art. 95. (1) recognition authorities shall inform the competent authorities of all other Member States to a person to whom an administrative authority or court Association professional organization in the Republic of Bulgaria are enacted permanently or temporarily restrict or deprivation of the right to exercise on the territory of the Republic of Bulgaria, in whole or in part, the following:
1. physician and general practitioner with evidence of formal qualifications referred to in the list under art. 6, al. 1, item 5, letters "a" and "d";
2. specialist with a specialty, referred to in the list under art. 6, al. 1, item 5 (c);
3. nurse responsible for general care with evidence of formal qualifications referred to in the list under art. 6, al. 1, item 6 (b);
4. dental practitioner with evidence of formal qualifications referred to in the list under art. 6, al. 1, point 7, point (b);
5. doctor of dental medicine – specialist, with evidence of formal qualifications referred to in the list under art. 6, al. 1, item 7 (c);
6. the veterinarian with evidence of formal qualifications referred to in the list under art. 6, al. 1, point 8, point (b);
7. a midwife with the evidence of formal qualifications referred to in art. 6, al. 1, item 9 (b);
8. a pharmacist with evidence of formal qualification referred to in art. 6, al. 1, item 10 (b);
9. the holder of a certificate issued by the competent authorities in the Member State of origin or residence, stating that his proof of professional qualifications falls within the scope of Directive 2005/36/EC on the recognition of professional qualifications, and whose training meets the minimum requirements of that law, but has begun before the reference dates for the qualifications referred to in the lists under art. 6, al. 1, item 5, the letters "c" and "d", t. 6 (b), point 7, the letters "b" and "c", item 8 (b), item 9 (b) and item 10 (b);
10. the holder of a certificate of acquired rights under art. 39 – 42, art. 46, 47, 50, 51, art. 54, para. 2, 3 and 4, art. 55 and art. 61, 62 and 63;
11. any other person carrying on activities which have implications for patient safety, where the person exercising a regulated profession in that Member State;
12. a person carrying on activities related to the education of the minor parties, including child care and education of preschool children, when the specialist is pursuing a regulated profession in that Member State.
(2) recognition authorities sent information under para. 1 through the internal market information system not later than three days from the date of entry into force of the administrative act or the decision to restrict or deprive a person of the right to pursue the professional activity.
(3) the information referred to in para. 1 includes:
1. identity of the person;
2. the question;
3. information concerning the administrative authority, professional organisation or court that are enacted the limitation or deprivation of the right;
4. the scope of the limitation or deprivation of the right;
5. the time limit for the applicable restriction or deprivation of the right.
(4) not later than three days from the date of delivery of the judgment on the recognition by the authorities inform the IMI competent authorities of the other Member States of the identity of individuals submitting applications for recognition of professional qualifications, for which the courts have found that individuals were using forged documents for professional qualifications in connection with recognition.
(5) data on persons referred to in para. 1 and 4 are collected and processed in accordance with the data protection act.
(6) recognition authorities shall immediately inform the competent authorities of the other Member States about changing or the expiry of the limitation or deprivation of the right under paragraph 1. 1.
(7) when sending information under para. 1 recognition authorities shall notify the person of his decision to send the information about him and about his right to object against that decision before the recognition, as well as of the right to claim compensation for damage caused by wrong information sent to other Member States, in which case the decision to send the information referred to in para. 1 it is noted that it is dealt with in the framework of the proceedings by the person.
(8) the data referred to in para. 3 can be processed during the period of their validity. The information referred to in para. 1 is deleted within three days from the date of entry into force of the decision on revocation or by the expiry of limitation or deprivation of the right.
Art. 96. (1) on the portal of the single contact point, maintained pursuant to chapter II of the law on the activities of the provision of services, is published online in a clear and comprehensive presentation:
1. the list of regulated professions in the Republic of Bulgaria, including contact information for the recognition;
2. the list of professions for which there is a European professional card, its operation and its related fees that must be paid for by individuals, as well as the competent authorities which issued it;
3. a list of professions under art. 20;
4. list of regulated education and training, and training with a special structure under art. 25, paragraph 3, point (b);
5. information about the requirements, procedures, documents and fees required for the activities under art. 13, 20, 77, 78 and 89 for the regulated professions in the Republic of Bulgaria;
6. detailed information on the remedies available in the administrative and legal recourse against acts of recognition, authorities issued in the exercise of their powers under this Act.
(2) the information referred to in para. 1 is provided and updated by the relevant authorities for recognition and help center under art. 98, para. 1.
(3) the competent authorities for recognition through a Single contact point providing information on each inquiry in the shortest possible time in view of the specific circumstances and the purpose of the request.
(4) the information referred to in para. 1 may be made available in other official languages of the European Union.
Art. 97. (1) the recognition and the single contact point create opportunities for access to information and documents and to carry out the procedures referred to in this law, the distance and by electronic means, such as reserve the right to subsequently in the event of justified doubts or extreme necessity require certified copies of documents.
(2) the request for the provision of a certified document shall not be considered as a request for a missing document, with respect to the time limits in the administrative procedure.
(3) paragraph 1 shall not apply in respect of the conduct of the adaptation period and the aptitude test for recognition.
(4) where necessary, procedures for the Al. 1 shall be carried out in accordance with the law on electronic document and electronic signature.
Art. 98. (1) the National Centre for information and documentation to the Minister of education and science, perform the functions of the support center within the meaning of art. 57 (b) of Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications.
(2) Support Centre in al. 1 assists citizens and help centers of the other Member States on the recognition of professional qualifications in accordance with this Act, including information on national legislation on the professions and pursuit of social legislation, and, where applicable, ethical rules.
(3) Support Centre in al. 1 assist citizens in exercising their rights under this Act in cooperation, where appropriate, with the Help Center in the Member State of origin and recognition authorities.
(4) the recognition of the Republic of Bulgaria shall cooperate fully with the Help Center at al. 1 and, where appropriate, the Help Center in the Member State of origin and to provide all relevant information on individual cases of these help centers on request and subject to the data protection act.
(5) on request from the European Commission help center under para. 1 provide the information requested in connection with inquiries, on which he works, not later than two months from receipt of the request. "
§ 42. In § 1 of the additional provisions are made the following amendments and additions:
1. In paragraph 8, after the word "occupation" is added "full time or equivalent part-time.
2. In paragraph 10, the words "professional knowledge of the applicant" shall be replaced by "professional knowledge, skills and competence of the applicant performed or recognised by the authorities for recognition".
3. Section 15 is repealed.
4. Create is that 17-23:
"17." Experience to absorb the profession "is the time in which the profession is exercised under guidance, in the event that it is a condition for the exercise of a regulated profession, as it can be during training for the acquisition of professional qualifications or after it.
18. "a European professional card" is an electronic certificate of proof of acceptance that the specialist meets all the necessary conditions to provide services in the host Member State on a temporary or casual basis, or for proof of the recognition of professional qualifications in order to establish on the territory of another Member State.
19. "lifelong learning" is a general education, vocational education and training, non-formal learning and informal learning throughout life, which leads to increased knowledge, skills and competences, and may include professional ethics.
20. "imperative reasons of general interest are the reasons recognised as such in the case law of the Court of Justice of the European Union.
21. the "European credit transfer system (ECTS) is a system of academic credit in higher education in the European higher education area.
22. "the general framework of education" is a common set of minimum knowledge, skills and competencies that are necessary for the exercise of a profession.
23. General exam in training "is a standardized aptitude test available in the participating Member States and reserved for holders of a given professional qualification."
§ 43. In § 5 of the supplementary provisions, after the words "intermediaries in the trade and distribution of toxic products", the words "and of" shall be replaced by a comma and add "and of Directive 2013/55/EC of the European Parliament and of the Council of 20 November 2013 amendment of Directive 2005/36/EC on the recognition of professional qualifications and Council Regulation (EC) no 1024/2012 concerning administrative cooperation through the internal market information system (' IMI ' Regulation) (OJ , L 354/132 of 28 December 2013).
Final provisions
§ 44. In the law on cadastre and land register (official SG. 34 of 2000; amend., SG. 45 and 99 of 2002, 36/2004/39 and 2005 105, no. 29 and 30, 2006, no. 57 and 59 since 2007 and 36/91 by 2008, 80/2009 and 19/39 by 2011. , PC. 38 by 2012, PCs. 15, 66 and 109 in 2013, PCs. 49 and 98 by 2014 and PCs. 61 and 101 by 2015.) make the following changes and additions:
1. In art. 12:13 p.
"13. organizes activity on the recognition of professional qualifications for regulated profession" engineer in geodesy, cartography and cadastre "."
2. In art. 22, the words ' shall be determined "shall be replaced by ' and the conditions and procedures for the recognition of professional qualifications for regulated profession" engineer in geodesy, cartography and cadastre "set".
§ 45. In the Health Act (promulgated, SG. 70 by 2004; amend., SG. 46, 76, 85, 88, 94 and 103 by 2005, issue 18, 30, 34, 59, 71, 75, 81, 95 and 102 in 2006, issue 31, 41, 46, 53, 59, 82 and 95 (2007), no. 13, 102, and 110 in 2008, issue 36, 41, 74 , 82, 93, 99 and 101 of 2009, PCs. 41, 42, 50, 59, 62, 98 and 100 by 2010, PC. 8, 9, 45 and 60 by 2011, issue. 38, 40, 54, 60, 82, 101, and 102 from 2012, PCs. 15, 30, 66, 68, 99, 104 and 106 by 2013, PCs. 1, 98 and 107 from 2014, PC. 9, 72, 80 and 102 by 2015 and St. 17 of 2016) make the following changes and additions:
1. In art. 185, para. 3, paragraph 2, the words "7 days of ' shall be replaced by" the day after ".
2. In art. 186 is created al. 8:
(8) the Ordinance referred to in para. 3, paragraph 1 shall be determined and the procedure for carrying out the examination on the knowledge of the Bulgarian language of the persons referred to in para. 1. "
§ 46. In the law on the Chambers of architects and engineers in investment design (official SG. 20 of 2003; amend., SG. Since 2003, 65, 77/2005/30 and 79 in 2006/07, 2007 59, no. 13 of 2008, 28/07/2009 from 15/2010 No. 82 by 2012. , PC. 66 and 83 from 2013 and St. 98 by 2014) in art. 11, the words "the Minister of regional development and public works shall adopt Ordinance" shall be replaced by "the relevant authority on the recognition determines".
The law was passed by the National Assembly-43 on 23 March 2016 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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