18/2004.


LAW
Dated December 10, 2003

On the recognition of professional qualifications and other eligibility of nationals
European Union Member States and some other states and
amending some laws (Act on recognition of professional qualifications)

Change: 96/2004.

Change: 588/2004 Coll.

Change: 21/2006 Coll.

Change: 161/2006 Coll.

Change: 189/2008 Coll.

Change: 52/2012 Coll.

Change: 101/2014 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Recognizing qualifications and other competence
TITLE
I


GENERAL PROVISIONS
§ 1

Subject and purpose of the Act

(1) This Act transposes the relevant European Union ^ 1) and
regulates the procedure of administrative authorities, professional associations and public
employers (§ 37 par. 1) the recognition of professional qualifications and other eligibility
required for the performance of regulated activity in the Czech Republic
if the professional qualifications acquired or this activity
been pursued in another Member State of the European Union, another Contracting State
Agreement on the European Economic area or the Swiss Confederation
the persons referred to in paragraph 2.

(2) Under this Act, the recognition of professional qualifications and other eligibility


A) a national of a Member State of the European Union, another contracting
state of the European Economic Area or the Swiss Confederation
(hereinafter referred to as "Member State")

B) persons with permanent residence in the Czech Republic,

C) a family member of a person referred to in subparagraph a) or b) ^ 2)

D) a national of another Member State than if it was in his
Czech Republic or another Member State status as
long-term resident in the European Union-2a)

E) a national of another Member State than if it was his territory
Czech Republic or another European Union member state is allowed to stay
for scientific research, 2b)

F) a family member of the person referred to in subparagraph d) or e), where they have been
granted long-term residence in the Czech Republic ^ 2c)

G) persons who have been in the Czech Republic granted asylum or subsidiary protection
or a member of his family, where they have been allowed
term residence in the Czech Republic ^ 2d)

H) national non-Member State, if it was his territory
Czech Republic or another European Union member state is allowed to stay
for purposes of study, pupil exchange, unremunerated training or voluntary
service-2e)

I) national non-Member State that is a victim of trafficking
received or to facilitate illegal immigration
who cooperate with the competent authorities, where they have been in the Czech Republic or another
European Union member state is allowed to stay for this purpose
^ 2f)

J) the applicant for a Blue Card EU-20) or the holder of
card, an applicant for the issuance of employee cards ^ 21)
or holder of the card holder or permanent residence permits in the Czech
Republic issued for purposes other than employment, which is the territory
employed

(Hereinafter the "applicant").

(3) The provisions of this Act shall apply if the provisions of a special law does not
recognition of professional qualifications and other
ability to perform regulated activities otherwise. This is without prejudice
temporary or occasional performance of regulated activities under Title VIII
this Act or special legislation ^ 2 g).

(4) The provisions of Title VIII shall not apply in the case of an investment intermediary
^ 2i).

§ 2

Basic principles for the recognition of professional qualifications

(1) The administrative authorities, professional bodies and employers (§ 37 para. 1) may
for the performance of regulated activities in the Czech Republic require
candidates meet only those conditions that special legislation requires
from a Czech citizen, who obtained his professional qualification in
Czech Republic.

(2) In deciding on the recognition of professional qualifications
recognition bodies governed by public interest and the interests of individuals and legal entities that could be violated
performance of regulated activities by persons with insufficient
professional qualifications and which are protected by special legislation

Governing this end conditions of regulated activity.
Such protected interests are mainly the protection of life and health, protection
property, consumer protection, environmental protection
national treasures, protection against serious violations
special legislation or in front of another serious consequence.

§ 3


Definitions
(1) For the purposes of this Act

A) the professional qualifications of a natural person to perform the regulated
activities

B) evidence of formal qualifications diploma, certificate or other evidence
issued by a competent authority or institution of a Member State or
similar document issued by a competent authority or institution of a State which is not
Member State (hereinafter referred to as "third state "), or a collection of such documents
obtained contender after completion of education and training (hereinafter
" education and training ")

First which meets the requirements of the legislation of the Member State of origin
setting out the conditions for professional qualifications for regulated
activity and therefore it is professionally qualified to carry
regulated activity in the Member State of origin or

Second which confirms the completion of education and training that candidates
prepared in the respective areas of expertise to carry out the activity
unless the activity in the Member State of origin regulated activity.

Part of education and training can be especially education, vocational training
, a practice carried out under the supervision of a qualified person who
duly completed examination (hereinafter referred to as "probationary practice"), or experience acquired in the exercise
the activity under the supervision of a qualified person (hereinafter referred
"supervised practice")

C) other qualifications or integrity that against candidates
no decision on bankruptcy against him that was declared bankrupt
or insolvency petition was rejected for lack of assets, or that
the statutory body , a statutory body or another body
legal entity applicant does not preclude obstruction prior
activity in any comparable function in the legal person on whose
was declared bankrupt or in respect of which the bankruptcy petition
dismissed for lack of assets ^ 2j) ,, or the fact that the applicant was not
subject to administrative or disciplinary or disciplinary offense,
or financial capacity, fitness or health insurance or
liability for damage caused by carrying out the activity are- If
required special legislation for the performance of regulated activities,

D) the activity in question a professional activity or group of professional activities,
by the applicant intends to pursue in the Czech Republic

First if it is to exercise it professionally qualified in the Member State of origin
[§ 3. b) Point 1]

Second unless the activity in the Member State of origin
regulated activities, if the applicant is for her performance expertly prepared [§ 3. b)
point 2] and this activity is performed or performed in accordance with legal regulations
Member State of origin or

Third unless the activity in the Member State of origin or carries
performed in accordance with the law,

D) controlling the activities of the activity,

First If its performance in the intended form contender legislation
Member State prior holders provided evidence of formal qualifications
,

Second is to be performed for the public employer according to § 37
if its performance in the Czech Republic prior collective agreement or an internal regulation
holders provided evidence of formal qualifications

Third pursued in a Member State under a professional title, if the use of that sign
law of the Member State reserved for holders
provided evidence of formal qualifications

Fourth in health or social services if
payment or reimbursement for such an activity system of social security or health insurance
Member State subject to the holder
established a formal qualification, or

Fifth performed by members of professional bodies or professional associations
mentioned in the list of professional associations or organizations, issued by the Ministry
Education, Youth and Sports (hereinafter the "Ministry")
notification in the Gazette of the Ministry whose members carried out by the occupation

General directive or another general regulation of the European Union on the recognition of professional qualifications
treated as a regulated profession ^ 2k)

F) of any Member State educational establishment based
authorization granted by a Member State or resulting from legal
law of that Member State in accordance with its laws and regulations
provides education and training and publishes documents
of formal qualifications which are in that Member State joined
full legal effect for the purposes of the exercise of the activity without prior
validation or recognition of their equivalence, regardless of whether
education and training leading to the issuance of a formal qualification
have been followed in the territory of that Member State;
for the institution of a Member State for the purposes of this Act always be considered regardless
place of residence and the European Schools ^ 2 liters), operating under the Convention on
Statute of the European Schools (hereinafter referred to as "European School")

G) regulated education education and training, which are intended for
preparation for carrying out the activity, if the structure of this
education and training and the level governed by the law of the Member State of origin
or subject to oversight or accreditation of the competent authority of the Member State of origin
,

H) Member State of origin Member State in which the applicant has obtained
competence necessary for carrying out the activity or the Member State in which the applicant
relevant activity exercised or performed.
Member State of origin shall also mean a third State, unless it is clear from the provisions of this
or special law. For the purposes of assessing eligibility
another Member State of origin means the Member State in which the candidate in question
activity last pursued or of which the applicant is a national
member,

I) the recognition authority in an administrative authority or a professional association in accordance with § 29 para.
First

(2) The capacity of an individual to perform the regulated activity is demonstrated particularly
evidence of formal qualifications or proof of performance of the activity
(hereinafter referred to as "evidence of professional qualifications").

§ 4

Degrees of qualifications

(1) Evidence of qualifications fifth grade for the purposes of this Act, a
formal qualification issued by the competent authority
institutions or the Member State of origin showing that the holder
after obtaining secondary education with a school or other
education required in the Member State of origin for university
school or institution of a similar level, has successfully completed more than
four-day or full-time study or of an appropriate length study
at a university or similar institution
levels and any other training required in addition to this
study.

(2) Evidence of qualifications fourth degree for the purposes of this Act, a
formal qualification issued by the competent authority
institutions or the Member State of origin showing that the holder
after obtaining secondary education with a school or other
education required in the Member State of origin for admission to a school or institution
alike have successfully completed at least
three years but not more than a four-day or full-time study or distance learning or external
study of adequate length to college
higher education institution or the institution of a similar level and possibly
additional training required in addition to this study.

(3) Evidence of qualifications of third degree for the purposes of this Act, a
formal qualification issued by the competent authority
institutions or the Member State of origin showing that the holder has successfully completed
|| |
A) after obtaining secondary education with GCSE or other
education required in the Member State of origin for university
school or institution of a similar level, at least one year but less than three years
day or full study or of an appropriate length
study and possibly additional training required
complement this study, or

B) education and training referred to in the list of education and training with a special structure
issued by the Ministry of Communication in the Bulletin

Ministry in accordance with the general directive or regulation
European Union on the recognition of professional qualifications ^ 2m).

(4) Evidence of qualifications second degree for the purposes of this Act, a
formal qualification issued by the competent authority
institutions or the Member State of origin showing that the holder
after successful completion of secondary education graduated

A) continuing education and training, which is not part
education and training leading to the issuance of a formal qualification
third to fifth degree in education or in employment, and possibly
trial practice or practice under supervision required in addition to this
education and training, or

B) further traineeship or supervised practice as required
supplement vocational training in high school or conservatory.

(5) Evidence of qualifications of First Instance for the purposes of this
Act, a document issued by a competent authority or institution
Member State of origin, which confirms that its holder

A) completed a training course or aptitude test, which is not part
education and training leading to the issuance of evidence of formal qualifications
second to fifth grade, in the Member State of origin

B) carried on the activity for a period of 3 years full time or after
corresponding period of part-time during the previous 10 years
Member State of origin or

C) has successfully completed elementary or secondary education.

(6) The evidence of formal qualifications referred to in paragraphs 1-5 is considered
also evidence of formal qualifications issued by a competent authority or institution
third country or attesting to education and training obtained
largely beyond Member State if its equivalence
recognized in the Member State of origin and if this document is accompanied by a certificate
competent authority of the Member State of origin that the candidate in question
activity in the territory of that Member State exercised for at least 3 || | years.

(7) The evidence of formal qualifications fifth grade is also considered
evidence of formal qualifications issued by a competent authority or institution
Member State of origin after the successful completion of education and training
in this or in another Member State if this document
law of the Member State of origin accorded equivalent legal effect as evidence of formal qualifications
fifth grade who

A) candidate in the Member State of origin is professionally qualified for the performance of regulated activities
[§ 3 para. 1 point. b) Point 1], or

B) confirms education and training to prepare candidates expertly prepared
for the performance of the activity, if the activity is not in the Member State of origin
regulated activity [§ 3 para. 1 point. b) 2].

The first sentence shall apply mutatis mutandis to the evidence of qualifications
first to fourth grade.

§ 5


Canceled TITLE II


Recognition authority PROCEDURE FOR RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Part 1


General provisions on the recognition of professional qualifications

§ 6

(1) Where in the Czech Republic for the performance of the regulated activity [§ 3
paragraph. Point 1. e)] evidence of qualifications pursuant to § 4
recognition authority shall proceed in accordance with § 8 to 15

(2) If the applicant is other evidence of formal qualifications
than the document referred to in § 4, but not the conditions under § 4
paragraph. 6, recognition authority shall proceed in accordance with § 17th

(3) If the applicant wishes to the Czech Republic to practice in the industry
included in the list of activities related to categories of professional experience,
issued by the Ministry of Communication in the Bulletin of the Ministry in accordance with the general
directive or regulation European Union on the recognition of professional qualifications
^ 3), the recognition authority under § 18th

§ 7
Recognition of professional experience


Recognition authority shall recognize applicant's professional experience required
special legislation for regulated activity in the Czech Republic
if the applicant can provide proof of professional experience in the
Member State or in a third country in the field and in
length required special legislation. Provisions of special legislation, which provides
specific requirements of professional practice, this does not affect
.
Part 2



General system for the recognition of professional qualifications

§ 8

Recognition of professional qualifications on the basis of a formal qualification

(1) recognition authority, under the conditions specified in § 10
recognize professional qualifications of the applicant as an equivalent professional qualifications required in the Czech Republic
if the applicant

) Is the holder of a qualification in accordance with § 4, which makes it
professionally qualified to perform a regulated activity in the Member State of origin
[§ 3 para. 1 point. b) Point 1] and is at least the same degree
or one rank lower than the evidence of qualifications
required in the Czech Republic

B) carried out the activity for a period of 2 years full-time or after
corresponding period of part-time during the previous 10 years
Member State of origin in which the activity is not regulated
activities, He holds a qualification in accordance with § 4
proving that the applicant completed training and preparation that it
professionally prepared in that Member State to carry out the activity
[§ 3 para. 1 point. b) Point 2], and that is at least the same degree or
one level lower than the evidence of formal qualifications required in the Czech Republic
or

C) holds a qualification at least second degree under § 4
issued to him after the successful completion of regulated education
which it expertly prepared in the Member State of origin for the exercise of the activity
[§ 3 . 1 point. b) Point 2], if this document
least the same degree or one degree lower than the evidence of
qualifications required in the Czech Republic.

(2) If the applicant wishes to the Czech Republic to pursue a regulated activity and
if required for the performance of its formal qualification
first to fourth degree recognition authority shall recognize applicant's professional qualifications under the terms
referred to in § 10, unless the applicant submit evidence of regulated education
included in the list of regulated education and professional preparation
issued by the Ministry of Communication in the Ministry Journal
in accordance with the general directive or regulation of the European Union on the recognition
professional qualifications; 4) that it
training them to carry out the activity in the Member State of origin.

§ 9
Recognition of professional experience


Where required in the Czech Republic professional experience following the acquisition
formal qualification and can not recognize the applicant's professional experience
according to § 7, it is taken for professional practice supervised practice, || | which is part of the education and training required in the Czech Republic.

§ 10
Compensatory measures


(1) The recognition authority may, under the conditions set out in paragraphs 2-4 before
recognition of professional qualifications require the candidate to complete an adaptation period or
passed the aptitude test ( 'the compensatory measures
"). The recognition authority may require the candidate to meet
only one compensatory measure.

(2) The recognition authority may require the fulfillment of compensatory measures if

A) the length of education and training, the candidate is at least one year shorter than the length
education and training leading to the issuance of evidence
qualifications required for the performance of regulated activity in the Czech
Republic | ||
B) the content of education and training candidates in terms of theoretical and practical
areas mentioned in a formal qualification
candidate, is substantially different from the content of education and training
required in the Czech Republic or || |
C) the applicant intends within the profession in the Czech Republic to perform group
regulated activities, but in the Member State of origin or carries
performed only some of these regulated activities and it corresponds
education and training candidates whose content is substantially different from
content of education and training required in the Czech Republic.

(3) For the purposes of paragraphs 1 and 2

A) the content of education and training required in the Czech Republic
means theoretical and practical areas that are part of the contents
education and training leading to the issuance of a formal qualification
required in the Czech Republic, whose knowledge is necessary for the performance
regulated activity; in the case of regulated activities for which performance
relevant directive or other legislation of the European Union on the recognition of professional

Qualifications establishes minimum requirements for education and training, with
content of education and training required in the Czech Republic means
minimum requirements laid down by that regulation

B) in the case of a formal qualification under § 4 para. 7, the length
education and training of candidates means the length
education and training required in the Member State of origin for the issuance of evidence relevant degree qualification
, who is in this state equated
formal qualification applicants

C) in assessing whether the difference in the content of education and training
substantial recognition authority shall take into account, in particular, whether the professional qualifications of applicants
provides similar guarantees for the protection of the interests in
§ 2. 2 as special legislation governing the conditions for the exercise
regulated activity.

(4) The recognition body shall meet the required compensation measure and recognize
professional qualifications if the applicant's professional qualifications
meets the conditions specified in the relevant directive or other provision
European Union, which provides a set of requirements for professional qualifications ,
which offset the substantial differences between the education and training
required for the performance of regulated activities in different Member States
(hereinafter the "common platform") ^ 4a) or if the difference in the length of training and
preparation or a substantial difference in the content of education and preparation aligned
knowledge or experience acquired during the current
performance of the activity or confirmed on the basis
other evidence of professional qualifications of the applicant.

§ 11

Choice candidate between adaptation period and aptitude test

(1) The applicant, which is imposed compensatory measures in accordance with § 10, is
except in cases provided for in paragraph 2 shall be entitled to choose between
adaptation period and an aptitude test.

(2) The implementing regulations may, under the conditions specified in the relevant EU regulations
^ 4b) to establish a regulated activity for which the
notwithstanding paragraph 1 preclude selection of candidates between adaptation period and aptitude test
and identify compensatory measures which will
applicants in such cases under the conditions specified in § 10 shall be imposed;
Provisions of the special Act 5) are not affected.

Adaptation period and aptitude test

§ 12


Canceled
§ 13

(1) adaptation period means the period of performance of regulated activity in the Czech Republic
candidate under the supervision of qualified individuals
in order to supplement the theoretical and practical areas
content includes the education and training leading the issuance of evidence
formal qualifications required in the Czech Republic and whose knowledge
is necessary for the performance of regulated activity. Part of the adaptation period
may be additional training or preparation aimed at complementing
professional qualifications.

(2) The recognition authority lays down the list of areas which are necessary for the performance
regulated activity, and not according to the document
part of the applicant's professional qualifications. These areas may include
both theoretical knowledge and practical skills required for the performance
regulated activity.

(3) The recognition authority for the decision according to § 24
conditions of an adaptation period, and it

A) the length of the adaptation period,

B) the areas referred to in paragraph 2, the knowledge of the applicant is obliged to supplement
within the adaptation period

C) the evaluation of the adaptation period.

(4) The length of the adaptation period should not exceed three years.
If a candidate intends to pursue in the Czech Republic regulated activity, if required
for her performance formal qualification of First Instance, not
length adaptation period exceed two years.

(5) Based on responses from qualified persons referred to in paragraph 1
recognition authority to evaluate whether it fulfills the adaptation period, after
time specified pursuant to paragraph 3. a) or if requested by a candidate
after half this time, and then after a
every 6 months. Purpose of the adaptation period is satisfied if the candidate proves
knowledge areas pursuant to paragraph 3. b). In this case
recognition authority shall recognize applicant's professional qualifications.

§ 14

(1) An aptitude test means a test aimed at assessing

Ability of the applicant to pursue a regulated activity in the Czech Republic.
Aptitude test will be held before the recognition authority, other administrative
Office, college or other educational institution relevant
target orientation (hereinafter "test equipment").

(2) The recognition authority lays down the list of areas which are necessary for the performance
regulated activity, and not according to the document
part of the applicant's professional qualifications. These areas may include
both theoretical knowledge and practical skills required for the performance
regulated activity.

(3) The recognition authority for the decision according to § 24
conditions of aptitude tests, and it

A) the areas referred to in paragraph 2, which will be subject aptitude test, and

B) the course and method of evaluating the aptitude test.

(4) An aptitude test is usually written and oral.
Aptitude test usually consists of Czech language. Costs associated with the implementation
aptitude test, but no more than CZK 5,000, paid by the applicant.

(5) test equipment to evaluate whether the candidate aptitude test
passed or failed. The candidate passed the test if it can demonstrate knowledge
areas pursuant to paragraph 3. and). In this case, the recognition authority
recognize professional qualifications.

§ 15

Legislation or professional regulation may impose
each regulated activity or group of regulated activities, with
taking into account their particularities, the method of determining the length of the adaptation period and
terms of performance and assessment of the adaptation period and the aptitude | || tests, including forms, content and scope of the aptitude test.

§ 16


Canceled Part 3


Special procedures for recognizing professional qualifications

§ 17

Recognition of professional qualifications on the basis of other evidence of formal qualifications
than the documents mentioned in § 4

(1) If the applicant holds a qualification which
meets the conditions specified in § 4, especially if
holds evidence of formal qualifications issued in a third country and if they are not met || | conditions pursuant to § 4 para. 6, the recognition authority will assess the knowledge and skills
confirmed evidence of professional qualifications of the applicant and performs
comparison with the content of education and training leading to the issuance
evidence of formal qualifications required in Czech Republic to perform
regulated activity.

(2) The recognition authority shall recognize applicant's professional qualifications, unless he proves that
between knowledge and skills confirmed evidence of professional qualifications
candidate and content of education and training leading to the award of evidence of formal
the qualifications required in the Czech Republic for the performance
regulated activity, is an important difference. Otherwise
requires applicants meet the compensatory measures.

(3) The provisions of § 9-11 and § 13 and 14 for recognition under paragraphs 1 and 2 shall apply mutatis mutandis
.

§ 18

Recognition of professional qualifications for regulated activities in sectors
listed in the relevant Annex, the European Union directive on the recognition of professional qualifications


(1) The recognition authority shall recognize professional qualifications for the performance
regulated activity in the sector referred to the relevant Annex of the Directive
the European Union on the recognition of professional qualifications ^ 4) if the applicant
carried on the activity in the Member State origin

A) for activities listed in the list issued by the Ministry of Communication
in the Bulletin of the Ministry in accordance with the list I of Annex IV
EU Directive on recognition of professional qualifications

First for 6 consecutive years as a self-employed person
or in a managerial position,

Second for 3 consecutive years as a self-employed person
or in a managerial position, is a holder of evidence of formal qualifications
issued or recognized by the competent authority or institution
Member State and certifying at least three years of education and training ,
by a professionally prepared for the performance of the activity in the Member State of origin
,

Third for 4 consecutive years as a self-employed person
or in a managerial position, is a holder of evidence of formal qualifications
issued or recognized by the competent authority or institution
Member State and certifying at least two years of education and training ,

Which it is professionally prepared for the performance of the activity in the Member State of origin
,

Fourth for 3 consecutive years as a self-employed person
if it demonstrates the applicant that he has pursued the activity in question for at least five years
employment relationship, service, membership or similar relationship
(hereinafter the "employment relationship ") ^ 6), or

Fifth for 5 consecutive years in an executive position, of which at least 3 years
professional posts with responsibility for at least one department
company is a holder of a qualification issued or
recognized by the competent authority or Member State institutions and
confirming at least three years of education and training to prepare him professionally
prepare for the performance of the activity in the Member State of origin;
this section shall not apply in the case of the recognition of professional qualifications for regulated activities
sector designated as Section 855 ex
international standard classification of economic activities (hairdresser)

While in the cases referred to in paragraphs 1 and 4 may not be the performance of the activity
ended more than 10 years prior to the application pursuant to § 22

B) in the case of the activities listed in the list issued by the Ministry of Communication
in the Bulletin of the Ministry in accordance with the list II of Annex IV
EU Directive on recognition of professional qualifications

First for 5 consecutive years as a self-employed person
or in a managerial position,

Second for 3 consecutive years as a self-employed person
or in a managerial position, is a holder of evidence of formal qualifications
issued or recognized by the competent authority or institution
Member State and certifying at least three years of education and training ,
by a professionally prepared for the performance of the activity in the Member State of origin
,

Third for 4 consecutive years as a self-employed person
or in a managerial position, is a holder of evidence of formal qualifications
issued or recognized by the competent authority or institution
Member State and certifying at least two years of education and training ,
by a professionally prepared for the performance of the activity in the Member State of origin
,

Fourth for 3 consecutive years as a self-employed person
or in a managerial position, if the applicant demonstrates that it has carried on the
activity for at least 5 years in an employment relationship,

Fifth for 5 consecutive years in an employment relationship, if
holds evidence of formal qualifications issued or recognized
competent authority or institution of a Member State and certifying
least three years of education and training to prepare him professionally prepared for
performance of the activity in the Member State of origin or

6th for 6 consecutive years in an employment relationship, if
holds evidence of formal qualifications issued or recognized
competent authority or institution of a Member State and certifying
least two years of education and training to prepare him professionally prepared | || for the exercise of the activity in the Member State of origin

While in the cases referred to in paragraphs 1 and 4 may not be the performance of the activity
ended more than 10 years prior to the application pursuant to § 22

C) in the case of the activities listed in the list issued by the Ministry of Communication
in the Bulletin of the Ministry in accordance with the list III of Annex IV
EU Directive on Professional Qualifications

First for 3 consecutive years as a self-employed person
or in a managerial position,

Second for 2 consecutive years as a self-employed person
or in a managerial position, is a holder of evidence of formal qualifications
issued or recognized by the competent authority or institution
Member State, attesting to education and training, which
professionally prepared him for the performance of the activity in the Member State of origin
,

Third for 2 consecutive years as a self-employed person
or in a managerial position, if the applicant demonstrates that it has carried on the
activity for at least three years in an employment relationship or

Fourth for 3 consecutive years in an employment relationship, if
holds evidence of formal qualifications issued or recognized
competent authority or institution of a Member State and confirmatory

Education and training to prepare him professionally prepared for the performance of
activity in the Member State of origin

While in the cases referred to in paragraphs 1 and 3 may not be the performance of the activity
ended more than 10 years prior to the application pursuant to § 22nd

(2) performance of the activity in an executive position in accordance with paragraph 1
means the performance of the activity in the relevant sector in the position

A) the person in charge of a business or organizational unit,

B) representative responsible entrepreneur or person referred to in subparagraph a) or

C) a senior employee in charge of commerce or professional
affairs with responsibility for at least one department of the company.

(3) If you can not recognize professional qualifications in accordance with paragraph 1
apply the provisions of § 7-15 analogy.

§ 19


Canceled TITLE III

RECOGNITION OF OTHER COMPETENCE


§ 20

(1) Where required for the performance of regulated activities in the Czech Republic
proof that the applicant is blameless, or that has not been sanctioned for administrative
offense or a disciplinary or disciplinary offenses in connection with
carrying out the activity shall be considered sufficient
document issued by the competent authority of the Member State of origin, this fact proves
. This document is an extract from the criminal records or similar records
Member State of origin or equivalent document issued
competent authority of the Member State of origin or, if no such
records in the Member State of origin waged affidavit on
his integrity.

(2) Where required for the performance of regulated activities in the Czech Republic
evidence that after the period specified by special legislation 2j)
against candidates no decision on bankruptcy against him that was not | || bankruptcy or insolvency petition was rejected for lack
property, or that the statutory authority
member of a statutory body or other body of a legal person does not preclude the applicant impediment
previous work in any comparable function in a legal person,
whose property has been declared bankrupt or against whom an insolvency
dismissed for lack of assets, is considered sufficient
document issued by the competent authority of the Member State of origin, which
reality shows.

(3) do not issue the competent authorities of the Member States
documents under paragraphs 1 and 2, are replaced by a solemn declaration made by the candidate
before the competent authority of the Member State of origin or before a notary
established in a Member State origin.

(4) Where required for the performance of regulated activities in the Czech Republic
meet the conditions of health aptitude, is considered
sufficient proof of fitness required by the Member State of origin
. Does not require the Member State of origin to carry out the activity
medical fitness, is considered sufficient
document issued by the competent authority of the Member State of origin which fulfill the conditions laid down
special regulation of the Czech Republic shows.

(5) Where required for the performance of regulated activities in the Czech Republic
proof of financial ability to perform regulated activities candidate
is considered sufficient proof issued by a financial institution in the Member State of origin
which fulfillment of conditions set by a special legal regulation
Czech Republic shows.

(6) Where required for the performance of regulated activities in the Czech Republic
proof of liability insurance for damage caused during the execution
regulated activity, is considered sufficient confirmation issued
candidates insurer in the Member State of origin if this
confirmation indicates that the scope and terms of insurance
meet the requirements of a special regulation.

(7) Where required for the performance of regulated activities in the Czech Republic to
candidate with a formal declaration and form of such statements can not be
used by nationals of another Member State, in particular because of their nationality
religion or
to conflict with their conscience, the recognition authority shall ensure that applicants the option to make a solemn declaration
another appropriate form.

(8) The document referred to in paragraphs 1-6 should not be in the opening day proceedings
recognition of professional qualifications (§ 22 par. 1) older than 3 months.

§ 21


Knowledge of the Czech language is required only to the extent necessary to perform the regulated activity
.
TITLE IV


PROCEDURE FOR RECOGNITION OF PROFESSIONAL QUALIFICATIONS

§ 22
Request


(1) The applicant shall submit an application for recognition of professional qualifications the recognition
authority. The candidate may also submit a request to the Ministry, which will, without undue delay forward
recognition authority.
Candidate may simultaneously apply for recognition of other competence.

(2) The applicant shall state in the request

) Name and surname, date of birth, address for correspondence,

B) the regulated activity, which it intends to pursue in the Czech Republic, or even
proposed scope of authorization to exercise it, and

C) the intended form of the performance of the regulated activity (as a self-employed
as a responsible representative or employment relationship
).

(3) The applicant Enclose

A) an identity card, proof of nationality and possibly
document confirming the legal status specified in § 1 para. 2

B) evidence of professional qualifications,

C) evidence of other competence pursuant to § 20

D) proof of payment of the fee-6a).

(4) evidence of formal qualifications must be obvious his degree
or other particulars required by this Act or a special
law, and has flowed from the duration and content of education and
training that shows.

(5) The proof of the performance of the activity is a document issued by a competent authority or institution
Member State of origin, where its territory
the activity regulated activity or subject to supervision by the administrative authority
. If the Member State of origin is not the activity
regulated activity, performance of the activity is not subject to supervision
administrative authority and the competent authority or institution does not issue such a document
may be evidence of the performance of the activity and a document proving the power
subject to self-employment bidder
document issued by the employer of the applicant or any other document proving that the applicant
carried on the activity in the Member State of origin.
In case of doubt, the recognition authority is entitled to require the presentation of an honorary
statement of facts under the second sentence. Proof of the pursuit of the activity
contains data needed to evaluate the application for recognition of professional qualifications
, especially data on the length, content and form of the performance of
activity.

(6) The documents referred to in paragraph 3. a) to c) are presented in the copy.
Recognition authority may require the submission of the original document referred to in paragraph 3
point. a) for inspection. If the recognition authority doubts the authenticity of the
copies required by the documents referred to in paragraph 3
point. b) c) submission of the original or certified copy, unless
possible to verify the authenticity of the copies through administrative cooperation.
Documents are submitted together with a translation into the Czech language unless it
been issued. If the recognition authority doubts the accuracy of the translation and
not possible to verify the accuracy of the translation through
administrative cooperation, recognition authority may demand the submission
officially certified translation of the document into Czech by an interpreter registered in the list
experts and interpreters ^ 7).

(7) A document issued by competent authority or institution of a Member State
be authentic. The authenticity of the signatures and stamps on
this document is not verified. If the recognition authority
doubt the authenticity of the submitted document, the competent authority of the Member State in accordance with §
30 to 35 to confirm its authenticity; if it is a document issued by the European
school asks you to confirm the authenticity of the director of the school. If the recognition authority doubts
jurisdictional authority of another Member State shall request
competent authority or any other concerned authority in that Member State or
Ministry of Foreign Affairs of the Czech Republic on cooperation.

(8) If the evidence of professional qualification or other proof of eligibility
issued by a competent authority or institution of a third country, or
if not in a formal qualification conditions under § 4, paragraph
. 6, the authenticity of signatures and stamps on the original of this document and, where
fact that the institution which issued the document,

Provides education and training in accordance with the laws of a third country
and gives evidence of professional qualifications, which are
that third country recognized without having to verify their equivalence
verified by the Ministry of Foreign Affairs of the third
State or the competent authority of that third country and subsequently
relevant embassy of the Czech Republic, unless an international treaty
which the Czech Republic stipulates otherwise.

§ 23


Canceled
§ 24
The decision


(1) If it please the recognition authority's professional qualifications, it issues a decision
. The decision of recognition authority depending on the extent of the candidate's qualifications recognized
addition to general terms stating: a)
regulated activity for which she was recognized professional qualification and the scope of authorization
her performance, and b) form or other conditions
performance of the regulated activity for which the recognized professional qualification.

(2) Where a recognition authority prior to the recognition of professional qualifications meet
compensatory measures indicated in the decision to execute conditions
adaptation period and the aptitude test. Except as provided in
§ 11 paragraph. 2, the conditions of execution of the adaptation period and the aptitude test
. Professionally qualified to carry on a regulated activity in the Czech Republic
under special legislation, the applicant becomes
effective date of the decision issued pursuant to paragraph 6

(3) The recognition authority issues a decision rejecting the request for recognition of professional qualifications
if it can not be the candidate's professional qualifications recognized.

(4) If a part of the application for recognition of professional qualifications also
request for recognition of other competence, the recognition authority will also determine whether the applicant meets the requirements
other competence required
special legislation for regulated activities.

(5) The recognition body is obliged to issue a decision under paragraphs 1-4
promptly, but no later than within 60 days of receiving the request
recognition of professional qualifications, with the submission of all documents of the applicant materially and locally relevant
recognition authority. The recognition authority returns applicants
documents referred to in § 22 paragraph. 3 point. b) and c) within 15 working days from the day
decision comes into force.

(6) If the applicant subsequently documented that compensatory measures
said in a decision issued pursuant to paragraph 2, the recognition authority shall
without undue delay a decision. The provisions of paragraph 1 shall apply mutatis mutandis
.

§ 25

Recognition of professional qualifications in the joint management and in a preliminary ruling


(1) If the recognition of professional qualifications of the applicant to produce such
authorization to pursue self-employment, leading to proceedings
recognition of professional qualifications as separate control, joint control or
as a preliminary question initiated the delivery of any application
or on the initiative of the authority competent to decide on the authorization for
self-employment.

(2) The recognition authority is required in the joint management decide
promptly, but not later than pursuant to § 24 para. 5, to which is added
time up to 30 days if it is a particularly complicated case.
Decides if the recognition authority in the joint management of the establishment while
authorization to exercise self-employment by persons other than
candidates, issues concerning the recognition of professional qualifications of applicants each individual
decision.

(3) Where a recognition authority prior to the recognition of professional qualifications meet
compensation measure, proceed according to § 24 para. 2. Common Management
is interrupted and continued it after the candidate has documented that || | compensatory measure. If the applicant fails to submit-fulfillment
compensatory measures within 1 year from the date of expiry of the deadline set by Resolution
interruption joint management to meet the compensatory measures may be
this proceeding terminated.

(4) Where a recognition authority in a preliminary ruling prior to the recognition of professional qualifications meet
compensatory measures, proceed according to §
24 paragraph. 2. The procedure for granting the authorization to exercise self-employed activity
is interrupted and continued it after the candidate demonstrates
fulfill a compensation measure. If the applicant fails to submit-fulfillment
compensation measure within 1 year from the date of expiry of the deadline for

Meet compensation measure resolution on the suspension of the establishment
authorization to exercise self-employment, this may be controlled
stopped.

(5) for a preliminary ruling or joint control under paragraphs 1 to 4 can not be


A) if the authorization to exercise self-employment arises
the declaration or notification

B) for activities that are regulated by the Trade Act.
TITLE V


EFFECTS OF RECOGNITION OF PROFESSIONAL QUALIFICATIONS

§ 26

(1) An applicant who has been under this Act recognized professional qualification
can carry on a regulated activity that is identical or comparable content
as an activity for which he obtained his professional qualification
in the Member State of origin. If required in the Czech Republic
for the performance of regulated activities meet other conditions than those
professional qualification or other competence, not recognizing
by this Act. Where specific legislation as a condition
maintaining professional competence for the performance of regulated activities later
examination expertise or other additions, this is not an obligation
affected by this Act.

(2) Recognition of professional qualifications of candidates does not constitute a legal claim to
admission to employment, service or similar relationship.

(3) The provisions of special legislation
recognition of foreign education in the Czech Republic ^ 8) at
recognition under this Act shall not apply; requirements laid down by special legal
regulations for admission to study at a vocational school ^ 9) and a high school
^ 10) is not the recognition of professional qualifications under this Act
affected.

§ 27

The use of professional titles

(1) If the Czech Republic regulated activity carried on by persons who completed
in the performance of the regulated activity of special professional designation
under a special law, a candidate who has been
professional qualifications are recognized in accordance with § 6-18
verified or professional qualifications pursuant to § 36b paragraph. 6 point. b) or c) that meets the requirements
other eligibility under § 20 and to exercise
regulated activity in the Czech Republic is entitled to a similar extent as those
taking in the pursuit of a professional title under a special legal
regulation, the right to use the professional title.
Recognition authority may, in justified cases, the right to use this
professional designation in the notification pursuant to § 36b paragraph. 2. Professional designation
stated in the Czech language.

(2) An applicant who in the Czech Republic carries out a regulated activity
temporary or occasional basis under the conditions of § 36a
uses the professional designation of the Member State of origin in accordance with its legislation and in the official language or
one of the official languages ​​of the Member State of origin.
TITLE VI


PERFORMANCE OF PUBLIC ADMINISTRATION IN RECOGNITION OF PROFESSIONAL QUALIFICATIONS

§ 28
Ministry


(1) The central administrative authority responsible for coordinating administrative
activities in recognition of professional qualifications is a ministry.

(2) The Ministry

A) coordinate activities of recognition authorities under this Act in the Czech Republic
,

B) represents the Czech Republic in the group of national coordinators on
EU level

C) jointly with the Ministry of Industry and Trade function
point of information for the system of recognition of professional qualifications
under this Act, special laws and regulations of the European Union ^ 1)
particularly by providing information about the system recognition of professional qualifications,
on specific legal and professional rules governing conditions
performance of regulated activity, on the possibilities and conditions for recognition of evidence of
professional qualifications in the Czech Republic, on relevant recognition body and on conditions
request by this Act

D) jointly with the Ministry of Industry and Trade function
point of information for the system of recognition of professional qualifications for persons
that they intend to ask for recognition of professional qualifications obtained in the Czech Republic
for the performance of regulated activities in another Member State, particularly
providing information about vacancies in other member states
,

E) maintain an information system for the recognition of professional qualifications, which

Includes records of all candidates, including data on the outcome of the
recognition of their professional qualifications; part of the information system for the recognition of professional qualifications
is also a separate register
persons temporarily or occasionally providing services in regulated activities under
Title VIII

F) coordinate the implementation of administrative cooperation under § 30-35,

G) shall discuss with the Commission of the European Union (hereinafter "Commission")
exemptions from the obligation to allow applicants to choose between adaptation period and aptitude test
,

H) shall discuss with the Commission changes the rules of the European Union
recognition of professional qualifications

I) prepares regular reports to the Commission on the application of this Act
or special legislation on the recognition of professional qualifications
,

J) provide the Commission on its request information on the results
administrative cooperation in the specific case in which the decision
professional recognition candidates

K) issued a Communication in the Ministry Journal
list of regulated activities in the Czech Republic, divided by nationality of recognition
authorities and by the directives or regulations in the European Union
recognition of professional qualifications, and the list of regulated activities ,
for the temporary or occasional performance in the provision of services in the Czech Republic
special legislation requires certification of professional qualifications
(§ 36b), and lists mentioned in § 3 para. 1 point. e) 5, §
paragraph 4. 3 point. b) § 6 para. 3, § 8 par. 2 and § 18 par. 1 point. a) to c
) and keep these lists updated and

L) collects information relevant to the application of the system of recognition of professional qualifications
at European Union level, particularly information on
requirements of Member States' legislation, which is their
territory upon performance of regulated activities.

(3) The Minister of Education, Youth and Sports appoints and dismisses
National Coordinator recognition of professional qualifications
Czech Republic (hereinafter the "national coordinator"), which performs the tasks of the Ministry pursuant to paragraph 2.
|| |
(4) To ensure that tasks under paragraph 2
Ministry may establish organizational units of the state. ^ 15)

§ 29
Recognition authority


(1) The recognition authority, authorized to decide in a specific case for the recognition of professional qualifications
, is the central administrative authority of the Czech Republic in which
scope of regulated activity belongs or whose competence is the regulated activity closer
. In case the applicant intends to carry on a regulated activity
as an entrepreneur or as an agent
trade holder, the recognition authority
Ministry of Industry and Trade. In the event that permission to pursue a regulated activity
decided under a special law professional association, the recognition authority
this chamber.

(2) The recognition authority

A) accepts applications for recognition of professional qualifications (§ 22) and decides
them

B) keep records of applicants, including data on the state of the procedure for recognition of their professional qualifications
, and provides this information to the Ministry
via the information system for the recognition of professional qualifications
[§ 28 par. 2 point. E)]; This does not apply if the special law
providing information does not

C) keep records in accordance with § 36a paragraph. 9 and provides the data from these records
Ministry via the information system for the recognition of professional qualifications
[§ 28 par. 2 point. e)]

D) of the records pursuant to § 36a paragraph. 9 issued on request official copies, listing
or confirmation about specific record, or confirmation that the
records some records are not, if the applicant has a legitimate interest,

E) cooperate with the Department in carrying out tasks according to § 28 para. 2
point. c) to l)

F) inform the applicants about the possibilities and conditions for recognition of evidence of their
professional qualifications in the Czech Republic, of specific legislation governing
conditions of regulated activity and essentials
application under this Act,

G) within its jurisdiction enacts laws or rules of professional conduct
that for each regulated activity or regulated activities
group, taking into account their particularities,
provides further details concerning the conditions for the exercise of adaptation

Period and the aptitude test and evaluation,

H) discusses with the national coordinator of legislative proposals or
professional regulations in the scope of the recognition authority regarding
regulated activities, in particular on the recognition of professional qualifications

I) is authorized to provide opinions on the proposed degree programs-15a)
or education programs for postsecondary education-15b)
aimed at preparation for a regulated profession before consideration
Accreditation Commission or the Accreditation Commission for higher professional education
under special legislation and

J) perform other tasks stipulated by this or a special law.

(3) Other administrative authorities, universities and other educational institutions
Czech Republic cooperate at the request of the recognition authority in
proceedings on the recognition of professional qualifications. For this purpose, it serves the recognition
authority to explain, give him her expert opinions and cooperate
in organizing the aptitude test.

§ 29a

Certificate of professional competence and performance of the activity

(1) Natural persons who are authorized to carry on a regulated activity
in the Czech Republic and this activity they intend to pursue in another Member State
, the recognition authority on their request issued certificates

A) whether the activity in the Czech Republic
regulated and whether it is in the Czech Republic are exercised under the professional title of
scope of authorization to perform the regulated activity in the Czech Republic
about the content of education and training required in the Czech Republic
[§ 10 paragraph. 3 point. a)] and the duration of education and training, or
whether the regulated education

B) whether a natural person for the performance of regulated activity in the Czech Republic
professionally qualified [§ 3 para. 1 point. b) Point 1]
scope of their authorization to perform the regulated activity, whether it is entitled
in the performance of regulated activities to use the professional designation
or whether education and training, graduating,
is regulated education and meets the minimum requirements for education and training
set by the relevant European Union directive on the recognition of professional qualifications
,

C) the length and form of the performance of the regulated activity of an individual
time of commencement and termination of professional activities that were part
her performance that her performance has not been prohibited either
suspended or whether an individual
regulated activity carried on in a managerial position,

D) whether the evidence of formal qualifications recognized
individuals or confirmed in the Czech Republic as equivalent document issued in
Czech Republic or whether that document in the Czech Republic
accorded equivalent effects as a qualification that
required for the performance of regulated activity in the Czech Republic,

E) whether the date of issuance of the certificate natural person meets the requirement
another qualification for the performance of regulated activities under special
legislation, or an indication that the performance of regulated activities in the Czech
Republic condition of other competences required.

(2) Natural persons who are authorized in the Czech Republic
carry out the activity, unless this activity is regulated in the Czech Republic, and this activity
intend to pursue in another Member State on the basis
their application gives

A) the central administrative authority of the Czech Republic, whose competence in question
activity belongs or the scope of the activity is closest certificate


First the length and form of the performance of the activity by a natural person on the territory
Czech Republic, the time of commencement and termination of professional
activities that were part of the performance, or whether
natural person who carried out the activity in leadership,

Second whether a natural person has undergone education and training to prepare her
professionally for the performance of the activity on the territory of the Czech Republic
[§ 3 para. 1 point. b) 2], or whether
education and training he has received is regulated education,

Third whether the date of issuance of the certificate natural person meets the requirement
another qualification for the performance of activities under special

Legislation, or an indication that the performance of the activity in the Czech Republic
condition of other competences does not

B) Ministry or the Ministry of Defence or Ministry of Interior
or appropriate college or other educational institution
Czech Republic or Regional Office-15c) certificate:

First the length, type of study or training program or training
natural person, about the time of commencement and completion of studies in individuals
program and activities for whose performance is expertly prepared [§ 3
paragraph. Point 1. b) 2] ^ 15d)

Second that evidence of qualifications natural persons has been issued
competent authority or institution of a third country or the European School
or confirm if the education and training obtained largely outside
Member States has been recognized or confirmed in the Czech Republic as
equivalent document on education by competent authority or institution
Czech Republic.

(3) The certificate referred to in paragraphs 1 and 2 shall contain the following elements:

A) identification of the body or institution that issued the certificate,

B) the name or names, surname, date of birth and nationality of the applicant
,

C) the facts referred to in paragraph 1 or 2, in full or in part
request by an authorized person and

D) the date of issue of the certificate.

(4) The certificate is issued following an application together with documents
which is evidenced by the fact attested. In the case of the issuance of certificates
that an applicant was not issued a decision on bankruptcy that
against him was declared bankrupt and this statement has been denied by
because his assets were insufficient to cover the costs of the insolvency proceedings
or that the statutory authority
member of a statutory body or other body of a legal person shall not preclude the applicant impediment
previous work in any comparable function in the legal person on whose
was declared bankrupt or against whom an insolvency | || dismissed for lack of assets ^ 2j), certificates of time and form
performance of the activity in the Czech Republic by the applicant about the time of her
commencement and termination thereof, which were part
its performance is not if this activity is regulated in the Czech Republic, and
certificate on whether the applicant has pursued the activity in a leading position
, it is possible to replace the documentary evidence an affidavit
applicant made before the recognition authority or central administrative
authority having jurisdiction over the activity belongs or to which
scope of the activity is the earliest. College may
issuing certificates under paragraph 2. b) paragraph 1 to replace the Supplement to the issuance
diploma according to the Higher Education Act, provided in the Appendix shall also
requirements pursuant to paragraph 2. b) paragraph 1 and paragraph 3
TITLE VII


ADMINISTRATIVE COOPERATION WITH AUTHORITIES OF THE MEMBER STATES

§ 30

(1) The authorities charged with performing administrative activities in the recognition of professional qualifications
provide, request or receive information
in cooperation with the competent authorities of other Member States.
Administrative cooperation is conducted for the purpose of communication, identify and verify the facts
decisive for the decision under § 24 or for coordination
joint action between Member States in recognition of the professional qualifications
.

(2) Administrative cooperation is conducted in accordance with the provisions of this
head and specific legislation, unless an international treaty by which the Czech Republic
bound or European legislation unless otherwise
.

(3) The administrative cooperation information:

A) of the joint action of the competent authorities of the Member States in the field
recognition of professional qualifications,

B) whether the activity in the Member State of origin
regulated activities, the scope of authorization to perform the regulated activity of what are the requirements
Member State of origin to professional qualifications for the performance
regulated activity and whether the candidate for her performance
professionally qualified, and unless the activity in the Member State of origin
regulated activities that professional activities are usually part
its performance and whether the applicant completed education and training, that it
professionally for the performance of the activity,


C) whether the applicant's education and training regulated
education, or whether education and training candidates
regulated education specified in the relevant Annex of the Directive or other
EU regulations on the recognition of professional qualifications,

D) in length, form and content of education and training candidates for
time of commencement and termination, or whether it meets the minimum requirements
education and training laid down in the relevant directive or other
EU regulation on recognition of professional qualifications,

E) the length and form of the performance of the activity on the territory of a Member State
origin, time of commencement and termination thereof, which were part of its
performance

F) on what requirements are different eligibility for the performance of
activity in the Member State and whether the applicant meets

G) on whether the service provider is established in a Member State of origin and whether
fulfilled all the conditions laid down by the law of that Member State
for the performance of activities

H) of the criminal, administrative or disciplinary liability associated with
carrying out the activity and the corresponding sanctions
service provider and service recipient complaints filed against this provider

I) whether the activity in the Member State of origin
exercised under the professional designation and whether the candidate is this professional designation
entitled to use,

J) consisting in verifying the authenticity of the professional qualifications or other
eligibility

K) whether the authority of the Member State of origin which issued the document on
professional qualification or other competence, the competent authority in
accordance with the law of the Member State of origin

L) whether the evidence of formal qualifications issued by institutions
State [§ 3 para. 1 point. f)]

M) whether the evidence of formal qualifications issued by a competent authority or institution
Member State of origin, which confirms the completion
education and training in another state, in the Member State of origin recognized as equivalent document
of qualifications that the candidate makes
professionally qualified to exercise the regulated activity or if it is not
the activity in the Member State of origin is regulated, which confirms
education and training to candidates professionally for the performance
the activity,

N) other facts relevant to the decision under § 24th

§ 31

Authorities responsible for the implementation of administrative cooperation

Competent authority in the Czech Republic for the implementation of administrative cooperation
Ministry, national coordinator or a recognition authority
(hereinafter "the competent authority of the Czech Republic"). When carrying out administrative cooperation
competent authority of the Czech Republic
communicates with the competent authorities of another Member State, usually the national coordinator
Member State or the authority of the Member State in whose
scope of the activity is regulated or who supervises
over the performance of the activity (hereinafter "the competent authority of another Member State
").

§ 32
Requesting information


(1) The competent authority of the Czech Republic from the competent authority of another Member State
request information if necessary
identify and verify the facts relevant to the decision under § 24 if
exhausted its own usual sources of information, which could in this case
use.

(2) The competent authority of the Czech Republic shall submit a written request to the competent
authority of another Member State. The application must contain, in addition
requirements of the legislation of that State also
indication of the required information and data about the subject of proceedings for recognition of professional qualifications and
identification data of the applicant, to the extent necessary to fulfill the purpose
.

(3) The competent authority of the Czech Republic may negotiate verbally or in writing
competent authority of another Member State other forms requesting information
.

(4) If the competent authority of another Member State fails to provide the required information in time
so that it can issue a decision on the recognition of qualifications
within the period provided by § 24 para. 5, the recognition authority decides on the basis
collected evidence.


(5) The information obtained, the competent authority of the Czech Republic forward
another Member State only with the consent of the competent authority of the Member State
which provided the information.

§ 33
Providing information


(1) The competent authority of the Czech Republic at the request of the competent authority of another Member State
make the necessary inquiries and provide the requested information
without undue delay. If you can not provide the information
within 30 days, it shall be the competent authority of another Member State.

(2) identify and provide information to the competent authority of another Member State
possible only to the extent permitted by law
Czech Republic.

(3) The competent authority of the Czech Republic may refuse to provide information
competent authority of another Member State, if

A) special law contains stringent conditions of the obligation to maintain confidentiality
than those in legislation
requesting Member State, and if the state does not pass these stringent conditions,

B) disclosure would lead to a breach of confidentiality
imposed by a special law, or is information whose disclosure
would be contrary to the interests of national security or public order
,

C) the competent authority of the requesting Member State has not exhausted its usual
sources of information that could be given the circumstances
used to obtain the information requested, or

D) the requesting Member State is unable, for practical or legal reasons
provide similar information.

(4) If there are at identifying and providing requested information
obstacles under paragraph 2 or 3, inform the competent authority of the Czech Republic
about this situation immediately, stating the reasons
competent authority of another Member State.

§ 34

Sharing the

Competent authority of the Czech Republic for the categories of cases
negotiate verbally or in writing with the competent authority of another Member State
type and scope of information that will, while maintaining reciprocity
provide or receive, including how and transmission deadlines
such information. The provisions of § 32 para. 4 and 5 and § 33 para. 2-4
shall apply mutatis mutandis.

§ 35

The protection of information and personal data

The information provided under the administrative cooperation covered
confidentiality obligation stipulated by special legislation.
Privacy is governed by special legislation. ^ 16)
identification data of the applicant can provide and require only to the extent
necessary to fulfill the purpose of administrative cooperation.
TITLE VIII


Temporary or occasional performance of regulated activities
THE CZECH REPUBLIC IN THE FREEDOM TO PROVIDE SERVICES

§ 36a


Announcement
(1) An applicant who is a national of a Member State or who
been sent to the Czech Republic in the framework of the provision of services
employer, established in another Member State of the European Union and
in accordance with the laws of the Member State of origin
person carries out an activity that is in the Czech Republic regulated activity, is entitled
perform this activity temporarily or occasionally in the Czech Republic
without meeting the requirement of registration, registration, permits, authorizations
or membership of a professional body under a special legal regulation
and without seeking recognition of professional qualifications under § 6-18 and
recognition of other competence pursuant to § 20 if they meet the conditions laid
paragraphs 2-5 and 8, if so provided by a special law, the conditions pursuant to §
36b. Whether the regulated activity carried on temporary or occasional
be assessed, particularly with regard to its duration, frequency, regularity and continuity of the performance
activity in the Czech Republic ^ 17).

(2) Unless the activity in the Member State of origin regulated is
applicant must demonstrate that the Member State of origin
performed the activity in question for at least two years during the previous 10 years, or
submit evidence of regulated education that prepares him professionally
for the performance of the activity in the Member State of origin [§ 3
paragraph. Point 1. b) 2].

(3) Where required for the performance of regulated activities in the Czech Republic
proof of liability insurance for damage caused during performance

Regulated activities, the applicant must demonstrate that the insured
extent and under the conditions required special legislation.

(4) The applicant is required before it begins to carry on a regulated activity
in the Czech Republic, notified in writing of this fact
recognition authority. Announcement contains:

A) the name or names and surname of the applicant, date of birth and nationality
citizenship

B) name of regulated activities, which will perform, and an indication of whether
's activity in the Member State of origin regulated, or data on
activity that is substantively closest

C) an indication of the professional qualifications and in cases under paragraph 2 also
performance of the activity or regulated education

D) data on the employer established in another Member State of the European Union
if the candidate is sent to the Czech Republic within
provision of services by the employer, in the range:

First the name or names and surname, date of birth, Member State
establishment, address, place of business, if the employer is a natural person, or


Second name, address and State of establishment, if the employer is a legal person.

(5) The notification pursuant to paragraph 4 of the candidate, accompanied by:

A) an identity card, proof of nationality of the applicant, or even
document confirming the legal status specified in § 1 para. 2;
Provisions of § 22 paragraph. 6 first and second sentence and paragraph.
7 shall apply mutatis mutandis

B) a document certifying that the candidate is established in the Member State of origin and
in accordance with its laws and carries out activities that he
authorization to pursue the activity in the Member State of origin has not been revoked or
temporarily suspended; to § 22 paragraph.
7 shall apply mutatis mutandis

C) evidence of professional qualifications; to § 22 paragraph. 4, 5, 6
sentence, first and third paragraph. 7 and 8 shall apply mutatis mutandis

D) the document referred to in paragraph 2, unless the activity in the Member State of origin
regulated; to § 22 paragraph. 4, 5, 6, first sentence and third paragraph
. 7 and 8 shall apply mutatis mutandis

E) the document referred to in paragraph 3, when required to perform a regulated
activity in the Czech Republic proof of liability insurance
caused in the performance of the regulated activity; to § 22 paragraph. 7 and 8
shall apply mutatis mutandis.

(6) The Ministry informs meet the reporting requirements
manner enabling remote access.

(7) If the notice does not meet or documents accompanying it
requirements of the Administrative Code or paragraph 4 and 5, will help recognition authority
candidates remedied on the spot or it immediately prompts
remove them. At the same time it warns that until
eliminate the shortcomings or the time stated in § 36b paragraph. 6, when provided
special terms for verification of professional qualifications, is not entitled to
Czech Republic carry out a regulated activity.

(8) The applicant shall immediately notify the recognition authority about changes
all the facts set out in the notice or documents attached to the notice
, including factors that could nullify
authorized to perform temporary or occasional controlled
activity on the territory of the Czech Republic. If the applicant intends to temporarily or occasionally
carry on a regulated activity in the Czech Republic after 12
months of the submission of a complete notification, he must make this announcement
again. When re-filing notification applicant is required to submit
documents referred to in paragraph 5 point. b) to e) only in the event of a change
facts stated in the original notification or in the documents of this announcement
attached.

(9) Recognition authority keeps records on applicants and notified him
facts in a separate register. Each notification provides the recognition
body serial number, date of notification, the date of receipt of a complete notification
recognition authority and an indication of the validity of the notification.

§ 36b

Verifying qualifications

(1) If a special law, the recognition authority entitled
after receipt of notice before exercising temporary or occasional
regulated activity in the Czech Republic, whose performance can seriously
endanger life, health or safety of persons to verify professional qualifications
candidate. This does not apply in the case of a candidate who
relevant regulated activity in the Czech Republic as a resident or visiting person

Exercised or performed and which has been recognized in the Czech Republic or
certified professional qualifications for this activity.

(2) does not join If the recognition authority if warranted, especially if
party candidate in the field recognized or if
regulated activity carried on in the extent to which the threat to life, health or || | negligible security of persons, to verify the applicant's professional qualifications
under paragraph 3, it shall forthwith deliver the job announcement.

(3) Checks if the recognition authority's professional qualifications, and issue
delivered to the applicant within 30 days of receipt of a complete notification containing all of the required documents
after possible removal of deficiencies (§ 36a paragraph
. 5), a decision on the verification of professional qualifications. In particularly difficult cases
recognition authority shall notify the applicant an extension of the deadline for the issuance and delivery of the decision
maximum of another 30 days. The recognition authority
immediately grant applicants and deliver a decision on the verification of professional qualifications
with the statement that was found a significant difference between his
professional qualifications and expertise that is required in the Czech Republic
if || |
A) the applicant intends to pursue in the Czech Republic
regulated activity for which the performance of the relevant directive or regulation
European Union on the recognition of professional qualifications laid down minimum
education and training, and holds a document of qualifications,
which fulfills the conditions laid down by that regulation, or

B) the applicant's professional qualifications meet the conditions
common platform for the performance of the relevant regulated activities.

(4) Where the applicant's professional qualifications and competency
required in the Czech Republic found a significant difference in such
extent that the difference could in the performance of regulated activity
contender seriously endanger the life, health or safety of persons, the recognition authority


A) decision applicants announces that it is not entitled to exercise
regulated activity in the Czech Republic, and

B) the decisions referred to in paragraph 3 will allow candidates to demonstrate knowledge
missing theoretical or practical areas.
Missing knowledge of theoretical and practical areas with demonstrated aptitude test
or other appropriate measures. Imposes a recognition authority candidates to demonstrate knowledge
missing theoretical and practical areas
allow candidates to demonstrate knowledge of this within 20 working days from receipt
decision on the verification of professional qualifications pursuant to paragraph 3 || | Saves If the recognition authority candidates to perform aptitude test,
ensure the implementation of this test within the previous sentence.

(5) recognition authority within 5 working days from passing the aptitude
tests or meet other appropriate measures
contender this test or evaluate the measure on the basis of the outcome of the issue
decision.

(6) The right of temporary or occasional performance of regulated activity
subject to verification of professional qualifications pursuant to paragraph 1 in the Czech Republic
candidates commences on the date

A) notice of recognition body under paragraph 2 of waiving the verification
professional qualifications

B) issuing a decision on the verification of professional qualifications referred to in paragraph 3
if not detected substantial difference between the professional qualifications of the applicant and
competence that is required in the Czech Republic, in which
extent that the difference could in the performance of regulated activity in the Czech Republic
seriously threaten life, health or safety of persons

C) issuing a decision, after successfully passing the aptitude test or
meet other appropriate measures pursuant to paragraph 4. b) or

D) of the expiration of the time limit under paragraph 3 or 5, if
recognition authority fails to comply with these deadlines; It does not apply if failure
deadlines occurred as a result of negotiations candidates.

(7) Costs of verification of professional qualifications associated with passing the aptitude test
paid by the applicant. The decision referred to in paragraph 6 point. b) a
c) is for the purpose of exercising a regulated activity in the Czech Republic
same legal effect as the decision on the recognition of professional qualifications under
§ 24 paragraph. 1 and 6
TITLE IX

COMMON PROVISIONS


§ 36


Canceled
§ 37

Assessment of professional qualifications public employer


(1) Where in the Czech Republic, the evidence of qualifications for the performance of regulated activities
employment relationship [§ 18 par. 1 point.
A) point 4] and regards the possible performance of regulated activities under
employment relationship with the employer, which is

A) the Czech Republic ^ 18)

B) state contributory organization

C) local government unit,

D) funded organization, the function of the founder performs
territorial self-governing unit

E) other legal entity, if

First It was established or set up for the purpose of meeting needs in the general interest and


Second is funded mainly by the state or other public authority-17b)
or the state or other public authority or controlled by the state or another
contracting authority appoints or elects more than half of whose members
statutory, administrative, supervisory or inspection authority

(Hereinafter referred to as "public employer")
assess professional qualifications and other competence competent authority that an employer acting in the context of
admission to employment or during the selection process for post
function.

(2) Whether the applicant satisfies the condition of professional qualifications and other
eligibility for admission to employment or for inclusion
to tender for the appointment is made, or whether he will be
public employer as a condition for admission to employment or classification
relation to the tender request fulfillment
compensatory measure, it shall inform the public employer
within 90 days of receipt of the documents pursuant to § 22 paragraph. 3 Scripture.
B) and c) necessary for the assessment of professional qualification and other
candidates.

(3) The assessment of professional qualification and other
under paragraphs 1 and 2 shall not apply the provisions of § 3 para. 1 point. i), § 22 paragraph. 1 to 3,
§ 22 paragraph. 7 and 8, § 24 and 25, § 29 para. 1 and 2, § 29a, § 30-35 and §
36a and 36b . § 13 par. 3 and § 14 para. 3 shall apply mutatis mutandis.
Administrative cooperation conducted a public employer
especially through the ministry. Costs relating to the assessment of professional qualifications
associated with passing the aptitude test shall be borne by the applicant.

(4) The provisions of paragraphs 1 to 3 shall not apply to the recognition of professional
qualifications for medical professions and for carrying out activities
providing health care ^ 19).

§ 38


Authorization
(1) The recognition authority may determine, after consultation with the national coordinator
decree or professional regulations list of theoretical and practical
areas that form the content of education and training required in the Czech Republic
for the performance of regulated activity [§ 10 paragraph. 3 point. a)]
if the content of education and training is evident in the special legal regulation
.

(2) The recognition authority may issue a decree or professional regulations establish
for each regulated activity or group of activities regulated
further details concerning the conditions for exercising
adaptation period and the aptitude test and evaluation.

(3) The Government may for the implementation of this Act, a decree to establish
regulated activities for which excludes choice between candidates
adaptation period and aptitude test and determine the compensatory measures which will
applicants in these cases saved.

(4) The Ministry may provide a model of vocational qualification certificates, and
performance of the activity (§ 29a).
TITLE X



VIOLATIONS
§ 38a

(1) A person who commits an offense that

A) intentionally used the professional title or designation expertise in conflict with
this or a special law, or

B) contrary to the conditions laid down by this or a special law
operates a temporary or occasional employment which is
regulated activity.

(2) An offense under paragraph 1 may be fined up to 10 000 CZK.
For an offense under subsection 1. b) can also impose a ban on the activities
period of 1 year.
PART TWO


Changing the law on the establishment of ministries and other central organs of state administration of the Czech Republic


§ 39

In § 7 of the Act no. 2/1969 Coll., On establishment of ministries and other central government authorities
Czech Republic, as amended Act no. 60/1988 Coll.
Act no. 575/1990 Coll., Act no. 474/1992 Coll., Act no. 21/1993 Coll. and

Act no. 272/1996 Coll., Is inserted after paragraph 1 a new paragraph 2, which
including footnote no. 1) reads:

"(2) The Ministry of Education, Youth and Sports
coordinate the activities of ministries, other central bodies of state administration and professional chambers
in recognition of professional qualifications
under a special law. ^ 1)

1) Act no. 18/2004 Coll., on the recognition of professional qualifications and other
of nationals of Member States of the European Union and
amending some laws (Act on recognition of professional qualifications). ".

Existing paragraph 2 shall be renumbered 3 and remarks
previous footnote. 1) 1), 2) and 3) are renumbered as footnotes.
3) 2) 4 ) and 5), including references in the text to them.
PART THREE



Canceled
§ 40


Canceled PART FOUR



Canceled
§ 41


Canceled PART FIVE


Amendment to the Act on State Historical Preservation

§ 42

Law no. 20/1987 Coll., On state monument care, as amended by Act no. 242/1992 Coll
., Act no. 361/1999 Coll., Act no. 122/2000 Coll., Act no.
132/2000 Coll., Act no. 146/2001 Coll. and Act no. 320/2002 Coll., is amended as follows
:

First In § 14a paragraph. 2, the words "under special legislation. ^ 11)"
replaced by the words "whose merits are related to restoration, if
him never to have been convicted.".

Footnote. 11a) is repealed.

Second In § 14a paragraph. 3, the words "competence" is replaced
"professional qualifications".

Third In § 14a paragraph. 4, in the introductory part of the text the word "proficiency"
replaced by "professional qualifications".

Fourth In § 14a paragraph. 4 point. a) the words "qualifications"
replaced by 'formal qualifications and professional experience, "
word" university education in the restoration "is replaced
' university education by studying in an accredited masters degree
program-11a) in the arts with a focus on restoration
or higher education by studying a masters program in
respective artistic field, accompanied by a certificate of completion
restoration of lifelong learning, ^ 11) or
higher education acquired in an accredited bachelor's degree program
^ 11) in the arts with a focus on restoration and
2 years of professional experience, "and the words" years "with the word" professional ".

11a) § 44-46 and § 60 of Act no. 111/1998 Coll., On universities and
amending other Acts (Universities Act), as amended
Law no. 210 / 2000 Sb. and Act no. 147/2001 Coll. ".

5. In § 14a paragraph. 5 at the end of the text of letter b) the words
" unless it is a national of another Member State of the European Union | || than the Czech Republic. "

sixth in § 14a paragraph. 5 letter c) reads:

" c) documentation of at least 3 restoration work on things that are not cultural
monuments, of whom at least one must be older than 2 years
made in the restoration specialization in which the requesting grant
a restoration permit. '.

seventh in § 14a paragraph. point 10 . c) in the first sentence, the words "gravely"
words "or less severely but repeatedly."

eighth in § 14a, paragraphs 13 and 14 including footnotes
fn. 11d) added:

"(13) a natural person who is a national of another Member State
European Union than the Czech Republic's Ministry of culture shall
a restoration permit if it is a recognized professional qualifications and integrity
.

(14) In proceedings for the restoration permit
nationals of another member state of the European Union than the Czech Republic
will lead the combined procedure for granting authorization for the restoration and recognition
professional competence and integrity. ^ 11d)

11d) § 25 of Act no. 18/2004 Coll., On the recognition of professional qualifications and other
of nationals of Member States of the European Union and
amending some laws (Act on recognition of professional qualifications). ". | ||
ninth under § 14a is inserted § 14b and 14c which
including the title and footnotes. 11e), 11f), 11 g) and 11h) added:

" recognition of qualifications of a national of another Member State
European Union than the Czech Republic for the restoration of cultural monuments


§ 14b


(1) In recognition of professional qualifications and integrity
national of another Member State of the European Union than the Czech Republic
(hereinafter the "applicant"), the Ministry of Culture under a special legal regulation
. ^ 11e) | ||
(2) A person who is authorized to perform in the Czech Republic
according to a special legal regulation without applying for recognition of their professional qualifications
(hereinafter the "person authorized for restoration
") ^ 11f) shall notify in writing its intention to implement restoration in
within 30 days prior to the restoration of the Ministry of culture.
A person authorized for restoration with the provisions of § 14a paragraph. 1 does not apply.

(3) Notification pursuant to paragraph 2 contains

) Name and surname of the person authorized for restoration

B) the address for service of documents in the Czech Republic,

C) the expected duration of the restoration of the Czech Republic,

D) restoration specialization that the person authorized intends to
restoration of the Czech Republic perform

E) permission for the restoration of the things that have characteristics of cultural monuments
under § 2 and are works of art or artistic handicraft
obtained in another Member State of the European Union than the Czech Republic or a document issued by a competent
authority of another Member State of the European Union
than the Czech Republic that the person is authorized to perform
restoration activities in the country of origin or residence
in accordance with its laws and regulations

F) evidence of formal qualifications issued in another Member State of the European Union
than the Czech Republic or proof of performance of the activity
under a special legal regulation, 11e)

G) documentation of intent pursuant to paragraph 2 prepared in the range of application for restoration
. ^ 11 g)

(4) If the assessment notice under paragraph 2 are certified
facts which justify the fear that a person authorized for restoration could
restoration or endanger the cultural
monument or if a person authorized for restoration this
its reporting obligation is not met by the Ministry of culture
prohibit restoration until the recognition of her professional qualifications by
special regulation. ^ 11e) In this case the Ministry of culture
entitled to examine professional qualifications persons entitled to restoration
manner pursuant to paragraph 1

(5) The Ministry of Culture of the person authorized to prohibit restoration
restoration under paragraph 4 within 15 days of receipt of the notice of intention to carry
restoration, or within 30 days from the date when the
learned that the person entitled to the restoration carried out
restoration which cultural monument threatens or harms.

(6) An appeal lodged against the decision to ban the restoration
issued by the Ministry of Culture under paragraph 4 does not have suspensive effect.

(7) The Ministry of Culture maintains a register of persons entitled to restoration
into which writes

) Name and surname of the person authorized for restoration

B) the address for service of documents in the Czech Republic,

C) the restoration specialization,

D) the expected duration of the restoration of the Czech Republic
person authorized for restoration

E) the prohibition of restoration under paragraph 4.
Privacy, which is entered in the register shall be governed by special legislation
. ^ 11c)

§ 14c

(1) If the applicant has been ordered by the Ministry of Culture
special legal regulation 11h) compensation measure, aptitude test,
the Ministry of Education, Youth and Sports at the request of the Ministry of Culture
within a period of 2 months on receipt of this request
school at which the applicant shall pass aptitude test by
restoration specialization in which the applicant intends to operate in the Czech Republic
.

(2) The Ministry of Culture in accordance with paragraph 1 provides a range
aptitude test, which may include verification of the theoretical
knowledge and practical skills of the applicant. Details of the content and form of aptitude test
determined by the designated school.

(3) If the applicant is ordered by the Ministry of Culture
special legal regulation 11h) compensatory measures in the form of an adaptation period
Ministry of Culture is currently down

A) the duration and specialization adaptation period


B) areas which are necessary for the restoration of
restoration specialization in which the applicant intends to operate in the Czech Republic
,

C) the content of the documentation of restoration work in the range of more than 3
work carried out during the adaptation period and method of evaluation

D) the method of evaluating the adaptation period.

(4) The applicant completes an adaptation period of professional experience in the field of restoration done


A) in a museum or a gallery established by the Ministry of Culture or region,
in the specialized organization of state monument care or the National Library of the Czech Republic
when they created the restoration work,
in which at least one employee holds a restoration permit for
restoration specialization in which the applicant intends to operate in the Czech Republic
or

B) under the supervision of a natural person who holds a permit to
restoration for restoration specialization in which the applicant intends
work in the Czech Republic, which is also a teacher in the field of restoration
in the same specialization in college or postsecondary
school included in the network of schools and educational institutions. ^ 11b)

(5) Theoretical and practical areas forming the education and training required
in the Czech Republic for the performance of restoration
are set out in Annex no. 3 hereto.

11e) Act no. 18/2004.

11f) § 5 para. 1 of Law no. 18/2004.

11 g) § 10 paragraph. 2 of Decree no. 66/1988 Coll., Which implements Act no.
20/1987 Coll., On state monument care, as amended by Decree no. 538/2002 Coll.

11h) § 12 para. 4 of Law no. 18/2004. ".

10th in § 21 para. 2, after the word" may "the words" upon request "and || | word "organizations" the words "or natural person."

11th In § 21 after paragraph 2 the following paragraph 3 is added:

"(3) the necessary prerequisites pursuant to paragraph 2 shall mean
professional qualifications of individuals applying for an authorization or professional qualifications
individuals who are in employment or similar
relation to the person applying for an authorization, through the
provide the expertise archaeological research and equipment
laboratory equipment and facilities necessary for scientific knowledge
and documentation of archaeological finds and temporary storage of movable
archaeological finds. Professional qualifications shall be demonstrated by meeting
formal qualifications, which is gained by studying higher education in
accredited masters programs 11)
in social sciences with a focus on archeology, and 2 years of professional experience
.. "| ||
former paragraphs 3 and 4 become paragraphs 4 and 5.

12th in § 21 paragraphs 6 and 7 are added:

"(6) Physical a person who is a national of another Member State
European Union than the Czech Republic, the Ministry of culture grant for
under paragraph 2 permit to conduct archaeological research
if her professional qualifications are recognized.

(7) In proceedings for the authorization to conduct archaeological research
national of another Member State of the European Union than
Czech Republic leads the combined procedure for granting authorization to conduct
archaeological research and recognition of professional qualifications .11d). "

13th after § 21, the following new § 21a-21c, which including the title added:

" Recognition of professional qualifications of a national of another Member State of the European Union
than Czech Republic to conduct archaeological research


§ 21a

(1) In recognition of professional qualifications
national of another Member State of the European Union than the Czech Republic (hereinafter the "applicant")
, the Ministry of Culture under a special legal předpisu.11e)

(2) A person who is authorized to perform under a special legal provision
archaeological investigations without asking for recognition of their professional qualifications
(hereinafter the "person authorized for research") 11f) shall notify in writing || | their intention to conduct archaeological research within 60 days prior to their commencement
Ministry of culture. The person authorized to research the
§ 21 para. 2 apply.

(3) Notification pursuant to paragraph 2 contains

) Name and surname of the person authorized for research,

B) the address for service of documents in the Czech Republic,


C) the anticipated duration of archaeological research in the Czech Republic
,

D) the place where the archaeological research conducted

E) the reasons for conducting archaeological research,

F) the description of the procedures to be used in archaeological research
used

G) authorization to conduct archaeological research
acquired in another Member State of the European Union than the Czech Republic or
document issued by a competent authority of another Member State of the European Union than the Czech Republic
that this person authorized to conduct archaeological research
in the country of origin or residence in accordance with its
legislation

H) evidence of formal qualifications issued in another Member State of the European Union
than the Czech Republic or proof of performance of the activity
under a special legal regulation 11e)

I) a contract concluded with the museum to save
movable archaeological finds made during archaeological research.

(4) If the assessment notice under paragraph 2 are certified
facts which justify the fear that a person authorized for research
could perform archaeological excavations threaten or harm
archaeological finds, or if a person is justified to research their
this reporting obligation is not met by the Ministry of culture shall
archaeological research disables until the recognition of her professional qualifications
under a special legal předpisu.11e)
In this case, the Ministry of culture entitled review the qualifications of the person authorized to research
manner pursuant to paragraph 1

(5) The Ministry of Culture of the person authorized to prohibit research
archaeological research referred to in paragraph 4 within 30 days of delivery
intention to conduct archaeological research, or within 60 days
date when It is learned that the person entitled to the research conducted
archaeological research, archaeological findings that threaten or damage the
.

(6) An appeal lodged against the decision prohibiting the conduct archaeological research
issued by the Ministry under paragraph 4 does not have suspensive effect.

(7) The Ministry of Culture keeps records of applicants who have been granted
permit to conduct archaeological research, and persons authorized to
research into which is written

) Name and surname of the applicant, who was granted a permit to conduct archaeological research
,

B) the name and surname of the person authorized for research,

C) the address for service of documents in the Czech Republic,

D) the anticipated duration of archaeological research in the Czech Republic
person qualified to do research,

E) the prohibition of archaeological research in accordance with paragraph 4
Privacy, which is entered in the register shall be governed by a special legal
předpisem.11c)

§ 21b

(1) If the candidate imposed by the Ministry of Culture special
legal předpisu11h) compensation measure, aptitude test,
the Ministry of Education, Youth and Sports at the request of the Ministry of Culture
within 2 months from the date of receipt this request
college, to which the applicant shall pass the aptitude test.

(2) The Ministry of Culture in accordance with paragraph 1 provides a range
aptitude test, which may include verification of the theoretical
knowledge and practical skills of the candidate. Details of the content and form of aptitude test
determined by the designated school.

(3) Theoretical and practical areas forming the education and training required
in the Czech Republic to perform archaeological research
are set out in Annex no. 4 hereto.

§ 21c

Duties imposed on authorized organizations in § 21 para. 4, § 22, § 23, paragraph
. 3 and § 24 shall apply to a person authorized for research accordingly. ".

14th in § 35 para. 1 point. B) the words" § 12 "the words" § 14b
paragraph. 2. "

15th in § 35 para. 1 point. G) the words" revitalization of cultural monuments "
replaced by" restoration in case of cultural monuments. "
|| | 16th In § 35 at the end of paragraph 1 is replaced by a comma and a new letter
i), which reads:

"i) performs restoration, if it a cultural monument during prohibition | || imposed under § 14b paragraph. 4. '.

17th in § 35 par. 2 point. c) the words "national cultural renewal

Monuments "are replaced by" restoration, if it is a national cultural monument
".

18th in § 35 par. 2 point. F) the words" § 21 para. 3 "the words"
, § 21 paragraph. 2 ".

19th In § 35 at the end of paragraph 2 is replaced by a comma and
letter h), which reads:

"h) archaeological surveys in the prohibition imposed under § 21a paragraph.
fourth."

20th in § 39 par. 1 point. b) the words "§ 22 paragraph. 2, § 23 para. 2 "
deleted.

21st in § 39 par. 1 point. h) the words" revitalization of cultural monuments "
replaced by" restoration in case of cultural monuments. "

22nd in § 39 par. 2 point. f) the words" restoration of national cultural monuments
listed in "replaced by" restoration in case of a national cultural
monuments by. "

23rd in § 39 par. 2 point. g), the words" established in "the words
" § 21a paragraph. 2 ".

24th Annexes Nos. 3 and 4 are added:

"Annex No. 3 to Act. no. 20/1987 Coll.

Theoretical and practical areas that form the content of education and training
required in the Czech Republic for the performance of restoration

A) the history and philosophy of art and artistic crafts, including iconography,
focusing on Czech country and Europe

B) history of architecture with a focus on Czech Lands and Europe

C) heraldry, with a focus on Czech Lands and Europe

D) theory and methods of monument care in relation to the restoration, preservation of monuments
power under existing law,

E) the aesthetics and ethics of restoration,

F) methods of presenting works of art and craftmanship,

G) museology, restoration and conservation of collection items and
objects of cultural value

H) physical and chemical methods of restoration research work
interpretation of results and comprehensive evaluation survey to determine
a technique for restoration,

I) chemical, biological and physical processes causing damage
works of art and craftmanship, corresponding
restoration and conservation methods,

J) historical restoration techniques and technologies,

K) current techniques and technology restoration,

L) restoration and conservation materials

M) chemistry with a focus on restoration,

N) mineralogy (petrography) with a focus on restoration,

O) art training (figural and non-figural drawing and painting, modeling
)

P) the implementation of copies of works of art and craftmanship,

Q) methods of documentation of restoration, professional photography,

R) use of computer and other contemporary techniques in the restoration

S), professional experience under the supervision of a qualified person in the restoration of
corresponding specialty,

T) separately and comprehensively carried out the restoration of works of art or craftmanship
in the relevant specialization, including defense
an expert committee,

U) final scientific or other expert written work in the field
restoration

V) Czech language, or one foreign language.

Annex no. 4 to the Act no. 20/1987 Coll.

Theoretical and practical areas that form the content of education and training
required in the Czech Republic to perform archaeological research

A) general history, history of philosophy and history of culture from prehistory through
ancient and medieval to modern civilization

B) the history of arts and crafts,

C) history of settlements, with a focus on the Czech lands and Europe

D) Egyptian, Aegean, Greek, Etruscan and Roman archeology, archeology
Cyprus and the Middle East,

E) antiquities in relation to archeology,

F) biological anthropology,

G) mythology and religion in the history of material culture including
iconography

H) topography,

I) epigraphy and numismatics,

J) theory and methods of monument care in relation to archaeological
research performance of monument care under the current legislation,

K) ethics of archaeological research,

L) methods of presenting archaeological finds

M) preventive protection of archaeological finds and museum,

N) methods of scientific archeology prehistoric, prehistoric, medieval and modern
,

O) theory and professional excavation practice of archaeological research

P) theory of materials and technologies for archeology,


Q) methods of documentation of archaeological research, professional photography,

R) use of computer and other contemporary techniques in the field of archeology,

S) independent and comprehensive archaeological research, including
defense before an expert committee

T) final scientific work in the field of archeology,

U) Czech language, one world language and basic Latin and Greek. ".

§ 43



Transitional Provisions (1) The procedure for granting permits restoration or withdrawal of a license
restoration under § 14a of Act no. 20/1987 Coll., on State Historical
care, as amended, commenced before the effective date of this Act
apply existing legislation.

(2) the procedure for granting a permit to conduct archaeological research
or withdrawal of a license to conduct archaeological research according to § 21
Act no. 20/1987 Coll., on state preservation of monuments,
amended by subsequent regulations, commenced prior to the effective date of this Act shall apply
existing legislation.



PART SIX Amendment to the Act on geological works

§ 44 | ||
Law no. 62/1988 Coll., on geological works, as amended by Act no. 543/1991 Coll
., legal action Presidium of the Czech national Council.
369/1992 Coll., Act no. 366/2000 Coll., and Act no. 320/2002 Coll., is amended as follows
:

First Heading § 3 reads: "Authorized designing, implementing and evaluating
geological work and professional certification."

Second In § 3, Paragraph 1 reads:

"(1) Geological works

a) carried out within the business,

b) conducted the intervention in the plot

c) the results of which are used for filling rights and duties of public administration

are authorized to design, implement and assess only those natural and legal persons
meeting the conditions set by law (hereinafter
"organization"), in which the works are managed and their performance matches
natural person with a certificate of proficiency
geological works to design, implement and evaluate (the "responsible manager of geological works
"). ".

Third In § 3 paragraph 2, including footnotes. 1b), 1c), 1d) and 1e)
reads:

"(2) Geological works that fall outside the work referred to in paragraph 1
are authorized to design, implement and evaluate

a) scientific institutions ^ 1b) college-1c) Medium schools, higher professional schools
^ 1d) and museum-1e) in the performance of their research or teaching
tasks

b) Czech geological Survey.

1b) Act no. 130/2002 Coll., on support for research and development from public
funds and amending some related laws (Act on support
research and development), as amended.

1c) Act no. 111/1998 Coll., on universities and on amendments and supplements
other acts (the universities Act), as amended by subsequent legislation
.

1d) Act no. 29/1984 Coll. system of elementary schools, secondary schools and
Colleges (education Act), as amended.

1e) law no. 122/2000 Coll., on protection of museum collections and amending || | certain other laws, as amended. ".

Fourth In § 3, paragraph 4, including footnotes Nos. 2a) and 2b) reads:

"(4) Professional qualification is higher education
geological direction of professional experience at least three years, including
share of geological tasks, professional level
existing works, an assessment of their hand regulations ^ 2)
and integrity. 2b) applicants with more than ten years of professional experience
in justified cases waive the ministry failure conditions
higher education geological direction. to assess the professional level
existing works entrusts Ministry expert guarantors from experts
recommended by professional associations. Documents required to demonstrate proficiency
, fields and specializations for which certifies
competence, scope of knowledge required legislation
related to geological history, procedure for verification of professional competence and
method of recording and publishing certificate issued by the ministry's decree
.

2a) for example Act no. 50/1976 Coll., on territorial planning and building
procedure ( building Act), as amended, Act no. 44/1988

Coll., On the protection and utilization of mineral resources (Mining Act), as amended
amended, Act no. 114/1992 Coll., On nature and landscape
, as amended, Act No. . 254/2001 Coll., on waters
and amending some laws (the water Act), as amended,
Act no. 61/1988 Coll., on mining activities, explosives and state mining administration
, as amended, Act no. 334/1992 Coll., on
protection of agricultural land, as amended, Act No.
. 20/1966 Coll., On Public Health Care, as amended,
Act no. 20/1987 Coll., On state monument care, as amended
regulations, the Act no. 151/2000 Coll. , on telecommunications and amendment of other laws
, as amended, Act no. 289/1995 Coll., on forests and
amending and supplementing certain laws (the forest Act), as amended
regulations law no. 40/1964 Coll., Civil Code, as amended
regulations.

2b) Act no. 455/1991 Coll., On Trades (Trade
Act), as amended. ". PART SEVEN




canceled
§ 45 canceled





PART EIGHT Changing the code of notarial

§ 46

Act no. 358/1992 Coll ., on notaries and their activities (notary Act), as amended by Act
no. 82/1998 Coll., Act no. 30/2000 Coll., Act no. 370/2000
Coll., Act. 120/2001 Coll., Act no. 317/2001 Coll., Act no. 352/2001
Coll., Act no. 501/2001 Coll., Act no. 6/2002 Coll., the Constitutional
court published under no. 349/2002 Coll., the Constitutional court ruling
published under no. 476/2002 Coll., and Act no. 88/2003 Coll., is amended as follows
:
1
. § 73 reads:

"§ 73

Authentication of duplicate or copy the document

(1) vidimus to perform the verification clause promptly after the notary
assess compliance with the disclosure document. Certification clause contains

A) the indication of verifying that a copy literally agree with the document from which he was taken
,

B) an indication of how many sheets or sheet comprises document from which the copy
taken, and how many sheets or sheet comprises a copy,

C) an indication that a copy is a partial, if not complete copy,

D) the place and date of execution of the verification clause; the provisions of § 59 para. 2
first sentence shall not apply

E) official stamp and signature of the certifying notary.

(2) A notary refuses vidimus perform

A) if the document from which the copy was acquired, charter, whose uniqueness
You can not replace a certified copy, especially identification card, military
card, passport, or other certificate, promissory note, check or other a security
bankbook, geometrical plan, features and technical drawings

B) verifying if does not know the language in which the document from which the copy
captured, executed, and is not presented its translation into Czech language interpreter
; It does not apply if before certifying a copy thereof
acquired using the copying machine,

C) if they are in deed, whose compliance with the inscription should be verified, changes
accessories, insertions or deletions, which could weaken its credibility,

D) If the description literally coincide with the document from which it was made.
§ 53 is not affected by this provision.

(3) vidimus not confirm the accuracy and truthfulness of the information contained in the document
and their compliance with the law and notary for the contents of the document
not responding. ".

Second in § 74 para. 1, "a person" is replaced by "physical
person before him."

third in the 74 paragraph. 2 "mark on the document in the form of verification clause, which contains
'is replaced "carry out the verification clause urgently
after a notary in his presence document has been signed or
signature was on the document already located recognized as their own, and it
promptly after signing or recognition; verification clause contains. "

fourth in § 74 par. 2 letter e) reads:

" e) the place and date of execution of the verification clause; the provisions of § 59 para. 2
first sentence shall not apply. "



PART NINE EFFICIENCY



§ 47 of this Act comes into force the treaty of accession of the Czech
Republic to the European Union enters into force, with the exception of the provisions of § 28 para.
1, § 28 par. 2 point. a), c), d), etc.), § 28 para. 4 , § 38, 39 and part of the fourth
, which come into effect on the date of publication. Zaorálek vr





Klaus, signed Špidla

arrival. 1



Canceled

Příl.2

Canceled

Příl.3

Canceled Appendix 4



Canceled Selected provisions of amendments


Art. II Act no. 189/2008 Coll.


Transitional provisions
Procedure for recognition of professional qualifications and other qualifications that were not finally
completed before the effective date of this Act shall
completed according to existing regulations.

1) Directive of the European Parliament and Council Directive 2005/36 / EC of 7 September 2005
on the recognition of professional qualifications.

Art. 39, 43 and 49 of the Treaty establishing the European Community.

2) Article. 23 and Art. 24 paragraph. 1 Directive of the European Parliament and of the Council
2004/38 / EC of 29 April 2004 on the right of EU citizens and their family
members to move and reside freely within the territory of the Member States | || amending Regulation (EC) no. 1612/68 and repealing Directives 64/221 / EEC
68/360 / EEC, 72/194 / EEC, 73/148 / EEC, 75/34 / EEC, 75 / 35 / EEC, 90/364 / EEC
90/365 / EEC and 93/96 / EEC.

2a) Article. 11 paragraph. 1 point. a) c) and Article. 21 paragraph.
1 of Council Directive 2003/109 / EC of 25 November 2003 concerning the status
third-country nationals who are long-term residents.

2b) Article. 12 point. a) Council Directive 2005/71 / EC of 12 October 2005 on
specific procedure for admitting third-country nationals for the purposes of scientific research
.

2c) Article. 14 paragraph. 1 point. b) Council Directive 2003/86 / EC of 22 September 2003
right to family reunification; § 13 and 14b of the Act no. 325/1999 Coll., On
asylum.

2d) Article. 23, Art. 26 paragraph. 1 and 3, Article. 27 paragraph. 3
Council Directive 2004/83 / EC of 29 April 2004 on minimum standards that must meet
third country nationals or persons without State
nationality, stateless refugees or as persons who
otherwise need international protection and the content provided
protection.

2e) Article. 17 paragraph. 1 Council Directive 2004/114 / EC of 13 December 2004 on
conditions of admission of third-country nationals for the purposes
studies, pupil exchange, unremunerated training or voluntary service
.

2f) Article. 11 paragraph. 1 Council Directive 2004/81 / EC of 29 April 2004
residence permits for third-country nationals who are
victims of trafficking or an action to facilitate illegal immigration, who
cooperate with the competent authorities.

2 g) Part Seven of Act no. 95/2004 Coll., On conditions for the acquisition and recognition
professional and specialized competencies to perform
profession of a physician, dentist and pharmacist, as amended
.

Title VII of the Act no. 96/2004 Coll., On conditions for the acquisition and recognition
competence to engage in paramedical professions and to carry
activities of providing health care and amending
some related laws (Act on
paramedical professions), as amended.

2i) § 29 et seq. Act no. 256/2004 Coll., on Capital Market
, as amended.

2j) § 38 l of the Commercial Code.

§ 244 et seq. Act no. 182/2006 Coll., on bankruptcy and its solutions
(Insolvency Act), as amended.

2k) Annex I to Directive 2005/36 / EC.

2L) Convention on the Statute of the European Schools, adopted in Luxembourg on 21 June 1994
(no. 122/2005 Coll. Ms).

2m) Annex II to Directive 2005/36 / EC.

3) Annex IV of Directive 2005/36 / EC.

4) Annex III of Directive 2005/36 / EC.

4a) Article 15 of Directive 2005/36 / EC.

4b) Article 14, paragraph. 2 and 3 of Directive 2005/36 / EC.

5) Art. 3 point. a) Council Directive 89/48 / EEC.

Art. 3 point. a) and Art. 5 point. a) Council Directive 92/51 / EEC.

5) For example Act no. 417/2004 Coll., On Patent Attorneys and change
Act on Measures for the Protection of Industrial Property, as amended
.

6) § 3 of Act no. 262/2006 Coll., The Labour Code.

6a) Act no. 634/2004 Coll., On administrative fees, as amended
regulations.

6a) Regulation of the European Parliament and Council Regulation (EC) no. 1882/2003, which amends Article
. 15 of Council Directive 92/51 / EEC.

Annex D of Council Directive 92/51 / EEC, as amended.

7) Act no. 36/1967 Coll., On experts and interpreters, as amended
regulations.

Decree no. 37/1967 Coll., Implementing the Act on experts and interpreters,

Amended.

8) Act no. 29/1984 Coll., On the system of elementary schools, secondary schools and
Colleges (Education Act), as amended.

§ 7 point. d) of the Act no. 564/1990 Coll., on state administration and self
education, as amended by Act no. 132/2000 Coll. and Act no. 284/2002 Coll.

§ 87 point. m) and 90 § 89 and § 95 para. 9 of Act no. 111/1998 Coll., on
universities and on changes and amendments to other laws (the Higher Education
).

Decree no. 385/1991 Coll., On the recognition of equivalence and conditions
recognition of certificates issued by foreign schools, as amended
Decree no. 332/1998 Coll.

9) § 27a paragraph. 3 of Law no. 29/1984 Coll., As amended by Act no. 138/1995 Coll.

Act no. 564/1990 Coll., As amended.

10) § 48 and 49 of Law no. 111/1998 Coll., As amended by Act no. 147/2001 Coll.

11) Art. 9, paragraph. 2 of Directive 89/48 / EEC.

Art. 13 paragraph. 2 of Directive 92/51 / EEC.

12) Art. 10 Directive 89/48 / EEC.

Art. 14 Directive 92/51 / EEC.

13) For example Art. 15 of Directive 92/51 / EEC.

14) Annex to Council Directive 89/48 / EEC.

15) Act no. 219/2000 Coll., On the property of the Czech Republic and its
representation in legal relations, as amended.

15a) § 78-81 of the Act no. 111/1998 Coll., As amended.

15b) § 6 and § 104 to 107 of the Act no. 561/2004 Coll., On pre
primary, secondary, higher professional and other education (Education Act
).

15c) § 108 of Act no. 561/2004 Coll., As amended.

15d) For example, § 55 and 57 of the Act no. 111/1998 Coll., As amended by Act no. 552/2005 Coll
.

16) Act no. 101/2000 Coll., On protection of personal data and amending certain laws
, as amended.

17) Article 30 of the Agreement on the European Economic Area of ​​2 May
1,992th

Article 9 of the Agreement between the European Community and its Member States, on the one hand
, and the Swiss Confederation, on the other hand, the free movement of persons
dated 21 June 1999.

17a) Council Directive 2003/109 / EC of 25 November 2003 concerning the
status of third-country nationals who are long-term residents
.

17b) Act no. 137/2006 Coll., On Public Procurement, as amended
regulations.

18) Act no. 219/2000 Coll., On the property of the Czech Republic and its
representation in legal relations, as amended.

19) Act no. 95/2004 Coll., As amended.

Law no. 96/2004 Coll., As amended.

20) Article. 14 paragraph. 1 point. d) and Art. 14 par. 4 of Council Directive 2009/50 / EC
of 25 May 2009 on the conditions of entry and residence of third-country nationals
for the purpose of employment requiring high qualifications
.

§ 42i of the Act no. 326/1999 Coll., On the stay of foreigners in the Czech Republic
and amending certain laws, as amended.

21) Article. 12 paragraph. 1 point. d) Directive of the European Parliament and of the Council
2011/98 / EU of 13 December 2011 on a single procedure for
application for a single permit to reside and work in the territory of a Member State
nationals of third countries on the Common
set of rights for third-country workers legally residing in a Member State
.

§ 42 grams of Act no. 326/1999 Coll., As amended.