224/2003 Coll.
LAW
of 26 March. June 2003, amending Act No 360/1992 Coll. on the execution of
the profession of authorised architects and the practice of the profession of Chartered
engineers and technicians active in construction, as amended,
and Act No. 455/1991 Coll., on trades (trade licensing
Act), as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the exercise of the profession of Chartered architects and performance
the profession of Chartered Engineers and technicians in the construction
Article. (I)
Act No 360/1992 Coll., on the exercise of the profession of Chartered architects and
the profession of Chartered Engineers and technicians active in construction,
as amended by Act No. 166/1993 Coll. and Act No. 277/1994 Coll., is amended
as follows:
1. In paragraph 1, at the end of the dot is replaced by a comma and the following point (e)),
that including footnote # 1):
"e) conditions for the exercise of the selected actions under construction in accordance with the
the law of the European communities. ^ 1)
1) Council Directive 85/384/EEC of 10 September 1984. June 1985 on the mutual recognition of
diplomas, certificates and other evidence of formal qualifications in the field of
architecture, including measures to facilitate the effective exercise of the rights
of establishment and freedom to provide services.
European Parliament and Council Directive 99/42/EC of 7 September 2004. June 1999,
establishing a procedure for the recognition of evidence of training for professional
the operations covered by the directives on liberalisation and transitional measures
and supplementing the General system for the recognition of evidence of training. ".
Footnote 1) is renumbered as footnote
No. 1a), including links to a footnote.
2. In paragraph 2, at the end of paragraph 2 the following sentence "authorization is not
a condition for the exercise of these activities of the persons referred to in the sixth
This Act. ".
3. in paragraph 2 of the text at the end of paragraph 5, the words ", if this
the law provides otherwise ".
4. In section 4, paragraph 4. 2 (c)) shall be deleted.
Subparagraph (d)) shall become point (c)).
5. In section 4, paragraph 4. 2 (a). (c)), the words "landscape creation ' is replaced by
"landscaping".
6. In section 4, paragraph 4. 3 the letter ' (d)) "is replaced by" c ").
7. in § 5 para. 3 (c)):
"(c)) of the construction of water management and landscape engineering".
8. in § 5 para. 3, the following points (j)) and k) are added:
"j) fire safety of buildings,
the construction for the performance of functions) of the forest. ".
9. In paragraph 7 (2). 1, letter a) is added:
"a) is a citizen of the United States, or".
10. In paragraph 7 (2). 1, letter a) the following new subparagraph (b)), which read as follows:
"(b)) is a national of another Member State of the European Union than
The Czech Republic (hereinafter referred to as "Member State") and ".
Subparagraph (b)) to (g)) shall become point (c)) to (h)).
11. in section 7 (2). 2 the letter "e") is replaced by the letter "f").
12. in section 7 paragraph 6 is added:
"(6) the person to whom the authorization was withdrawn under section 10, paragraph 1. 2 (a). (b)),
may request the granting of authorization at the earliest after a period of three years from the date of
the acquisition of the decision to withdraw authorization. ".
13. In section 8, paragraph 2, including the footnotes # 3a) and 3b):
"(2) in accordance with § 7 paragraph 1. 1 (b). (e)) for each species
authorization means:
and) higher education ^ 3a) gained in the field of architecture
for authorization pursuant to section 3 (b). a) Bachelor's degree programme
over a period of at least four years or a master's degree program,
b) college education ^ 3a) gained in the relevant study
fields for authorization pursuant to section 3 (b). b) Bachelor's degree
program lasting at least four years or a master's degree
the program,
c) higher education ^ 3a) gained in the relevant study
fields for authorization pursuant to section 3 (b). (c)) on the Bachelor, or
Master's degree programme, or medium or higher vocational
education. ^ 3b)
3A) section 44 of the Act No. 111/1998 Coll., on universities and amending and
supplement other laws (the law on universities).
3B) § 7 para. 1 of Act No. 29/1984 Coll. on the system of elementary schools,
secondary schools and higher vocational schools (the Education Act), as amended by
Act No. 172/1990 Coll. ".
14. in § 8 para. 5, in the introductory part of the sentence "e) ' is replaced by
the letter "f)".
15. In § 8 para. 5 a) to (c)):
"a) at least three years in the fields of authorization pursuant to § 4 paragraph 2. 2 If the
the candidate graduated from the master's program of study, at least five years,
If the applicant is a graduate of the Bachelor degree or other
the relative education,
(b)) at least three years for authorization in the fields referred to in § 5 para. 1, if the
the candidate graduated from the master's program of study, at least five years,
If the applicant is a graduate of the Bachelor degree or other
the relative education,
(c)) at least three years for authorization in the fields referred to in § 5 para. 2 If the
the candidate has the required college education master's or
Bachelor's degree, and at least five years, if the candidate has
the required secondary education. ".
16. in § 8 para. 7 the first sentence after the word "competence", the words
"the content of professional practice".
17. section 9, including the footnotes No. 3 c) and 3d):
"section 9
(1) the Chamber of Commerce writes the person to whom the authorization has been granted, to the list of
authorized persons maintained by the Chamber of Commerce and shall issue to that person a certificate of
authorization with the declared scope or specialization and stamp with
small national coat United States. ^ 3 c)
(2) the management of the list of authorized persons and written documentation
related to the authorized persons is regulated by a specific legislative
legislation. ^ 3d)
3 c) Law No 352/2001 Coll., on the use of the State symbols of the Czech Republic and
amending some laws.
3D) section 6 of the Act No. 97/1974 Coll. on archives, as amended
regulations.
Decree No 117/1974 Coll., laying down the criteria for the assessment
documents as public records and the details of designing control. ".
18. In paragraph 11 (1) 1 (b). and), the word "deliberate" is deleted.
19. in paragraph 11 (1) 2 (a). and), the word "deliberate" is deleted.
20. in § 12 para. 1, after the words "the selected actions," the words "and
other professional activities ".
21. in section 12 paragraph 6 is added:
"(6) to ensure the proper performance of the selected actions, under construction,
in excess of the range for the scope, or specialization, for whose performance
authorized person authorization was granted, is the authorized person
the obligation to ensure the cooperation of persons with authorization in the relevant area,
where appropriate, the specialization. ".
22. in article 13, the following paragraph 6 is added:
"(6) after the extinction, withdrawal or suspension of the authorization shall provide a Chamber of care
of the documents referred to in paragraphs 3 and 4 under special laws
legislation. ^ 3d) ".
23. in article 14, paragraph 1 reads:
"(1) a notified body is carrying out activities for which they have been granted
authorization, such as
and single or unmarried) architects engineers practising
under this Act,
(b) persons performing activities subject to) the Trade Licensing Act,
(c)) to the employee in employment, the staff member or any other
a similar proportion,
d) partners public company. ".
24. section 15 reads as follows:
"§ 15
(1) the freedom of an architect or a free engineer
and project activities and exercises) provides related professional services
independently, on their own behalf, and on their own responsibility in return for remuneration,
(b) may at the same time only) the activities of the pedagogical, lecturing
or the publication, but it shall not engage in activities or employment, when
which would jeopardise the independence of his position,
(c)) shall be entitled to employ other people.
(2) the place of business of an architect or engineer is free
place of business entered in the list maintained by the Chamber of Commerce. ".
25. in article 15, the following new section 15a and 15b, which including the following titles:
"§ 15a
Association
(1) carry out a single profession of engineers, architects or free
together, the adjusted relations's written contract (hereinafter referred to as
"the Association"). The participants of the Association may be exclusively free architects
or free engineers. The participants of the Association are required to exercise the
profession under a common name.
(2) the Association shall have the same place of business.
section 15b
A public company based in order to practise the profession
(1) carry out a single profession of engineers, architects or free
as a public company, shareholders must be shareholders only
free architects or engineers are free.
(2) Free architects or engineers who are unmarried partners
the company referred to in paragraph 1 shall exercise on behalf of the society and the profession
on her account. ".
26. in paragraph 19 of the letter a) is added:
"and to develop project documentation,) if it is for the whole of its
scope; in other cases, and in the case of the field of building construction
the establishment of the relevant part of the project documentation, ".
27. in section 20 (2). 1 (b). (c)), the words "five years" shall be replaced by the words "three
years of age ".
28. in section 21 para. 2 the first sentence, the word "two" shall be replaced by the word "six"
and the words "one year" shall be replaced by the words "three years".
29. in paragraph 21, the following new paragraph 2 paragraph 3 and 4 are added:
"(3) unless otherwise provided by this Act or the internal rules of the Chamber something else
or if this is something different from the nature of things, they are used in
disciplinary proceedings the provisions of the administrative procedure.
(4) the authorized person against whom disciplinary proceedings are conducted, the
the right to respond to the reasons set out in the proposal, how the
the findings suggest evidence or witnesses, or
experts with questions at a hearing that must always be ordered. ".
The former paragraph 3 shall become paragraph 5.
30. in paragraph 21 of the paragraph. 5, the last sentence shall be deleted.
31. in section 22 para. 3, the words "final decision of the Board"
replaced by the words "the decision on appeal" and the words "the Supreme Court of the United
the Republic "shall be replaced by the words" factually and locally competent regional court in
the administrative judiciary ".
32. in section 22 shall be added to § 22a, which including the title reads as follows:
"§ 22a
Disciplinary authority related to the free movement of persons under the law
Of the European communities
(1) the Chamber shall transmit to the competent authority of the host Member State
all the information on disciplinary actions or criminal sanctions,
that have been received to the person authorized or established, for reasons of
serious or recurrence of the infringement related to performance
its activities.
(2) if the competent authority of the host Member State the specific
knowledge of the relevant facts, which occurred outside its territory prior to the
establishment of the person concerned in the host Member State and inform about
The Chamber, the Chamber shall examine the accuracy of the facts, especially if they can
affect the performance of the selected or other professional activities in construction in the United
Republic. The Chamber shall decide on the nature and extent of the examination to be
carried out and shall inform, within three months, the host Member State of the
the measures to be adopted.
(3) the Chamber shall agree the details of cooperation with the competent authorities of other
Member States in the transmission of the information referred to in paragraphs 1 and 2, including
How to ensure the protection of the transmitted personal data and these details
subsequently adjusts the internal regulation.
(4) where a Suspended or withdrawn if the Chamber authorization [section 20 (1) (a).
(c)), and (d))] the notified body or suspend or withdraw the registration
established the person shall ensure the temporary or permanent withdrawal of the certificate referred to in
§ 23 para. 7 (b). (c)).
(5) the host Member State shall mean the Member State of the European
Union, where authorized, established or visiting a person pursuant to this
the law carries on or intends to carry out the activities concerned. ".
33. In paragraph 2 of article 23. 6 (d)):
"(d)) lead the lists of authorized persons and these lists and their changes
publish and manner allowing remote access, ".
34. In paragraph 23 of the paragraph. 6, d) the following point (e)), which read as follows:
"e) lead the lists of persons registered pursuant to section 30 l, para. 1 or § 30n
paragraph. 2 and these lists, including changes to publish even way
allowing remote access, ".
Subparagraph (e)) up with) shall become letters (f)) to t).
35. In article 23, the following paragraph 7 is added:
"(7) the scope of the Chamber also belongs to issue the following documents
the parties concerned in order to facilitate their free movement, according to the law
European Community1)
and execution of documents) of professional experience,
(b)) a certificate of the condition of integrity under this Act,
(c)) of the certificate that the person is selected and further vocational
activities under construction continuously in accordance with the laws of the United
Republic,
(d)) of the certificate that the person concerned is in possession of evidence of formal
the qualifications, which meets the requirements of points 1, 2, 3, or 5 of annex 1 to the
This Act. ".
36. In § 25 paragraph 2 reads as follows:
"(2) the general meeting may validly adopt resolutions, is the presence of an absolute
the majority of all ordinary members; If an absolute majority of the full members
present, the general meeting may validly adopt resolutions if they were all
regular members in writing has been obtained, at least 21 days before the
date of the meeting. ".
37. In § 25 para. 4 (b). and "two), the word" replaced by the word "three".
38. In paragraph 25, the dot at the end of paragraph 4 is replaced by a comma and the following
the letter i), which read as follows:
"i) approves the budget.".
39. In § 26 para. 1 the first sentence, the words "Chief" shall be replaced by
the word "statutory".
40. in section 26 para. 2 the first sentence, the word "Vice-Chairman" shall be replaced by
"at least two Vice-Presidents" and at the end of paragraph 2, the following sentence
"The President stands for the duration of his absence in its entirety
the Board of Directors designated by the Vice Chairman. ".
41. In section 27 para. 2 the word "Vice-Chairman" shall be replaced by "two
the Vice-President "and the fourth shall be replaced by the phrase" the President stands after
During his absence, the full extent of the supervisory board specified
Vice-President. ".
42. In paragraph 27, the following paragraph 3 is added:
"(3) the Supervisory Board may decide on the establishment of the Supervisory Commission
part of their powers to them. Chairman of the Supervisory Board shall elect them. ".
43. In section 29 para. 2 (a). (b)), after the words "the contents of" the words "and
method of implementation ".
44. In section 29 para. 3 the words "the environment of the Czech Republic"
replaced by the words "regional development" and "the environment"
replaced by the words "regional development".
45. As part of the fifth part six shall be inserted, which including notes below
line no 9a):
"PART SIX
THE PERFORMANCE OF THE ACTIVITIES OF THE CITIZENS OF THE EUROPEAN UNION
section 30a
Basic provisions
(1) the selected activities in construction (hereinafter referred to as "selected") may, in the
The Czech Republic also nationals of Member States of the European
Union (hereinafter referred to as "Member State"), who obtained the necessary qualifications to
selected activities in another Member State.
(2) the selected activity persons referred to in paragraph 1 to carry out in the Czech
Republic as established architects, engineers and technicians established established
involved in construction (hereinafter referred to as "established") or as a guest
architects, engineers and technicians hosted visiting engaged in construction
(hereinafter referred to as "guest people").
(3) Established by a person means the person referred to in paragraph 1 which on the
territory of the Czech Republic on a continuing basis the selected activity or on
the Czech Republic has a business or organizational folder.
(4) a visiting person is a person referred to in paragraph 1, which is
established on the territory of another Member State in the territory of the Czech Republic
performs the selected operation temporarily or occasionally.
§ 30b
The assessment of qualifications
(1) to enable access to selected activities in the Czech Republic in
accordance with the law of the European Community shall recognise the diplomas, certificates)
and other evidence of formal qualifications, as well as professional practice. Certification
the Chamber is the appropriate authority under section 30 d of paragraph 1. 1 and 2, the assessment of the
meet the qualification requirements and performs other tasks with this
the activities of the United.
(2) formal qualifications means the knowledge and skills certified
the diplomas, certificates and other documents obtained by the applicant in the context of the
formalised training in preparation for the profession and other
education in it.
(3) Ministry for regional development shall announce in the journal of laws of the communication,
which shall publish
and) the list of diplomas, certificates and other evidence of formal qualifications
issued on the territory of the European Union, as well as the institutions and authorities to which
is issued, which satisfies the conditions referred to in point 1.6 of annex 1 to this
the law,
(b)), the list of diplomas, certificates and other evidence of formal qualifications
issued on the territory of the European Union, as well as the institutions and authorities to which
is issued, recognized on the basis of the acquired rights referred to in section 3.2 of annex
No 1 to this Act.
(4) proof of insurance certificate is issued by the insurance body in the
the Member State in which it is stated that the insurer has complied with the requirements of
the laws in force in the Czech Republic, relating to the conditions
and extent of cover.
section 30 c
The rights and obligations
(1) the activities of established people or visiting people in the territory of the United
the Republic is governed by the laws of the United States.
(2) The persons and visiting persons established shall apply, mutatis mutandis, the provisions of §
10 and 11 and the provisions of the third and fourth parts.
(3) Visiting persons who are registered with the Chamber of Commerce, but they are not
its members are required to comply with the provisions of the professional and ethical
the order, the Justice of the regulations and the disciplinary and the competitive procedure appropriate
Chamber. The activities of established people are governed by the internal regulations of the competent
Chamber.
section 30 d
Uznávací authority
(1) the Czech Chamber of Architects is a certification authority for the assessment of compliance with
the qualification requirements for the performance of the selected actions, pursuant to § 4 paragraph 2.
2. for the assessment of whether the fulfilment of the requirements for formal qualifications and
professional practice for an activity referred to in section 4, paragraph 4. 2 (a). and)
According to annex No 1 to this Act and for the activities referred to in section 4, paragraph 4. 2
(a). (b)), and (c)) shall proceed in accordance with Annex 2 to this Act.
(2) the Czech Chamber of authorised engineers and technicians in the construction
is the certification authority for the assessment of compliance with qualification requirements
for the performance of the selected actions, pursuant to § 5 para. 3. for the assessment of whether
the fulfilment of the requirements for formal qualifications and professional experience, the procedure
in accordance with Annex 2 to this Act.
section 30e
The scope of the uznávacího authority
(1) the authority shall, after examination Uznávací qualifications does
immediately write to the list of registered people, but no later than
three months from the date of the submission of a complete application or a complete notification.
(2) if the uznávací authority has justified doubts as to the authenticity of documents on the
formal qualifications, the competent authority of the Member State in which the
documents were issued, to confirm their authenticity.
(3) the authority shall inform the Uznávací in matters relating to access to the selected
and pursuit of the activities, in particular on legislation, professional and
ethical regulations, the internal regulations of the competent Chamber of Commerce and mediates
education in the Czech language.
(4) Uznávací authority shall lay down its internal rules, the form of the application and
requirements documentation (section 30i and 30o).
§ 30f
Academic degrees
(1) the person or persons, established guest are entitled to use legal
academic title or Designatory letters, awarded by the Member State
of origin or former residence, in the language of that State.
(2) if the academic title used in another Member State is confused
in the Czech Republic with the title, which requires additional education,
the person or persons established hosting neabsolvovaly, uznávací authority determines
another sign of this degree.
(3) Established the person or host persons who meet the conditions of a formal
qualifications and professional experience, are entitled to use the professional title
According to § 13 para. 1.
§ 30 g
The right to judicial protection
(1) an applicant who has demonstrated compliance with the qualification requirements and was not
certification authority entered in the list of registered people within the specified
time limit (section 30e, paragraph 1), is entitled to bring an action to court according to the
special legislation. ^ 9a)
(2) against the decision of the Chamber about the refusal to the list
registered persons (§ 30 l (2)) and against the decision of the Chamber on the restriction
permission to perform the selected activity on the territory of the Czech Republic (§ traffic
paragraph. 2) actions may be brought to court under a special legal
prescription. ^ 9a)
Established by the person
§ 30 h
(1) on the territory of the Czech Republic to carry out the selected person can established
If, on the basis of an application is written to a list
registered persons (§ 30 l (1)) and a vow to the hands of the President
the relevant Chamber.
(2) the Text of the oath: "I promise on my honour and conscience that I will be at
the exercise of their activity on the territory of the Czech Republic seek to create
high-quality architectural and civil engineering works, I will respect the interests of the clients,
as well as the interests of the public, I will respect the natural and cultural values, and
I will always follow professional ethics. "
(3) if it is not a form of promise under paragraph 2 is used by State
nationals of other Member States, the authority of its uznávací
the corresponding and equivalent form.
§ 30i
Application for registration
(1) the applicant shall state in the application for registration
and) selected activities on the territory of the Czech Republic intends to systematically
exercise, and
(b)) an address for service on the territory of the Czech Republic.
(2) an application under paragraph 1 shall be accompanied by documents proving the
and formal qualifications)
b) professional experience in the prescribed length,
c) integrity,
(d)) the insurance contract on liability for damage caused during
exercise of the activity.
(3) the documents referred to in paragraph 2 (a). a) and b) must not be older than 12
months. The documents referred to in paragraph 2 (a). (c)), and (d)) shall not be older than 3
months.
(4) if there are documents referred to in paragraphs 1 and 2 in the Czech language, must be
accompanied by an official translation.
section 30j
Established person (section 30a (3)) provides performance-related documents
the activities of the original signature and the number under which the
registered in the Chamber.
§ 30 k
Integrity
(1) proof of integrity is
and) certificate issued by the competent authority of the Member State of origin or
of the Member State from which the applicant comes (hereinafter referred to as "the Member State
of origin "), which demonstrates that the requirements of that Member State on the
integrity and good reputation to begin performance of the activities concerned were
are met, the
b) extract from the statutory registers, or, if not available,
an equivalent document, issued by the competent authority of the Member State of origin,
If that Member State does not require proof of good character or good
the reputation of people who intend to enter into the selected activity, or
(c)) where a Member State does not issue the documents referred to in point (b) of the origin), it is sufficient
an affidavit of the applicant before a competent judicial or administrative
authority of that Member State, or, where appropriate, a notary in that
or by a competent professional body of that Member State; such
the Declaration must be accompanied by a certificate of authenticity fair
statement.
(2) if the uznávací authority has specific knowledge of the serious
the fact that occurred outside the territory of the United States prior to the establishment
the applicant in its territory, or knows that the document referred to in paragraph 1.
c) contains incorrect information and this fact or incorrect
information may affect the initiation and performance of selected activities on the territory
The United States, the competent authority of the Member State of origin of the
examination of the facts. In this case, proceedings and waits for
answers dotázaného Member State; the time limit under section 30e para. 1 for a period of
the stay of proceedings is not running.
(3) in proceedings continues and the time limit is suspended in accordance with paragraph 2
proceeds from the day receive a response from the Member State dotázaného. In
If the Member State consulted shall give its within three months of submission of the application
referred to in paragraph 1 does not inform the uznávací authority of the action taken in
relation to the certificates or documents issued by the suspended period
continues at the first day following the expiry of this three-month period.
(4) Uznávací Authority modifies the internal regulation of the way to ensure the protection of
the transmitted personal data referred to in paragraphs 1 and 2.
§ 30 l
The activity of the uznávacího authority
(1) an applicant who documents pursuant to § 7 para. 2 demonstrate the fulfilment of the
Qualifications Authority writes to the list uznávací
registered persons [section 23 (6) (b), (e))]. This notation is subject to
a fee of 500 CZK.
(2) if the uznávací authority determines that applicant does not meet the qualification
assumptions, decide on the refusal of entry in the list of registered people
and the applicant shall communicate the reasons for the refusal.
§ 30 m
Membership in the Chamber
Chamber of commerce brings together as full members all the established parties.
The visiting person
§ 30n
(1) a visiting person may exercise the selected activity on the territory of the United
States on the basis of written notice to the authority, starting with uznávacímu
date of submission of a complete notification (section g) uznávacímu authority.
(2) the authority shall carry out on the basis of Uznávací notice a temporary registration.
(3) the activities of the visiting persons on the territory of the Czech Republic is not a trade in
the meaning of a specific legislation. 2)
§ 30o
Notification
(1) notice of the performance of selected activities in the territory of the Czech Republic
contains
and the estimated time) to provide services on the territory of the Czech Republic,
b) professional activities which he intends to pursue on the territory of the United Kingdom, and
c) an address for service on the territory of the Czech Republic.
(2) the notice must be accompanied by the
and) certificate issued by another Member State of compliance with formal
qualifications,
(b)) evidence of professional practice within the prescribed length,
c) proof that the applicant carries on activity in the State in question
they are established in accordance with its legislation, and
d) proof of insurance of liability for damage caused by
the performance of the activities.
(3) the documents referred to in paragraph 2 (a). a) to (c)) shall not be more than 12
months. The document referred to in paragraph 2 (a). (d)) must not be older than 3 months.
(4) if there are documents referred to in paragraphs 1 and 2 in the Czech language, must be
accompanied by an official translation.
§ 30 p
Visiting the person procures documents handwritten signature and number, under
which is registered in the Chamber.
§ traffic
The activity of the uznávacího authority
(1) Uznávací authority writes to the list of registered persons [section 23 (6)
(a). e)] visiting a person who met the qualification requirements in accordance with
Section g, para. 2, and on the implementation of the registration shall issue to the person hosting the certificate.
Registration is subject to a fee of 500 CZK.
(2) if the authority finds that the uznávací visiting the person does not meet the
qualification requirements under section g, para. 2 decide on the refusal of the
writing to the list of registered persons and the reasons for the refusal to communicate
the visiting person; Depending on the circumstances of a particular case will restrict visiting
person permission to perform the selected activity on the territory of the Czech Republic,
up to remove the grounds for refusal.
9A) the rules of court governing. ".
The existing part six shall be renumbered as part seven.
46. In § 33 para. 3 the words "the environment of the Czech Republic"
replaced by the words "regional development".
47. Annexes 1 and 2 shall be added:
"Appendix No. 1 to the Act No 360/1992 Sb.
The procedure and conditions for the recognition of formal qualifications and professional experience
pursuant to Council Directive 85/384/EEC of 10 September 1984. June 1985 on the mutual
the recognition of diplomas, certificates and other evidence of formal qualifications in
architecture, including measures to facilitate the effective exercise of
the right of establishment and freedom to provide services
1.
Recognition of formal qualifications of a harmonised
1.1 as equivalent documents of formal qualification issued in the Czech
Republic, which are required for access to the profession
recognise the diplomas, certificates and other evidence of formal qualifications
issued by another Member State, obtained on the basis of theoretical and
practical education and meeting the requirements of points 1.2 and 1.3 below.
1.2 theoretical and practical education leading to a diploma,
certificates and other evidence of formal qualifications must be provided
studying at the higher education level, which crucially refers to
architecture. This study must ensure a balance between theoretical and
practical aspects of architectural training and secure the obtaining
and) ability to create architectural designs that satisfy both
the aesthetic and technical requirements,
(b)) adequate knowledge of the history and theories of architecture and the related
Arts, technologies and human sciences,
c) knowledge of fine art as one of the influences on the quality of
the architectural work,
d) adequate knowledge of town planning, spatial planning and
the skills involved in the planning process,
e) ability to understand the relationship between people and buildings, and
between buildings and their environment, and the need to link
architectural buildings and the spaces between them to human needs and
scales,
f) understanding of the profession and the role of the architect in society,
in particular in preparing briefs that take account of social factors,
g) knowledge of the methods of investigation and preparation of the brief for a design project,
h) an understanding of the design of construction, design and building
technical problems associated with building design,
I) adequate knowledge of physical problems and technologies and of the function
buildings so as to provide them with internal conditions of comfort and protection against the
the weather,
(j) the necessary skills) for design, in order to meet
building users ' requirements within the constraints imposed by cost factors and
building regulations, and
an adequate knowledge of the industries), organizations, regulations and
procedures that are related to the integration of the subprojects in the overall
project.
1.3 theoretical and practical education leading to a diploma,
certificates and other evidence of formal qualifications must in addition to the requirements of the
laid down in point 1.2 shall also satisfy the following conditions
and) total length of theoretical and practical training shall include
at least four years full-time at the College or in the
comparable educational establishment, or at least six years of study at
a university or comparable educational establishment of which at least
three years in the form of full-time,
(b)) education must be completed by successful completion of an examination
winning the title.
1.4 As equivalent documents of formal qualification issued in the Czech
Republic, which are required for access to the profession
uznávací also recognizes the authority of the three-year preparation for the "Fachhochschule" in
The Federal Republic of Germany, if this preparation
and) meets the form that existed at the date of 5. August 1985
b) corresponds to the requirements laid down in point 1.2,
(c)), the Federal Republic of Germany allows access to the professional activities of
the corresponding activities referred to in section 4, paragraph 4. 2 (a). and) of the Act,
(d)) shall be accompanied by a four-year work experience in the Federal Republic of Germany;
professional experience must be accompanied by a certificate issued by a professional organisation,
on the list, the applicant is registered; This certificate shows
the work carried out by the applicant in the field of architecture are
conclusive proof of practical application of all the knowledge referred to in point
1.2.
1.5 as equivalent documents of formal qualification issued in the Czech
Republic, which are required for access to the profession
uznávací also recognizes the authority of theoretical and practical training in
under the programme, the skills or in higher
distance learning, which satisfies the requirements laid down in point 1.2, and
persons who are at least seven years of working in the field of architecture under the supervision of
an architect or of leads successfully
an examination of the architecture, leading to the award of the title, which is
equivalent to the final examination referred to in section 1.3 (a). (b)).
1.6 the list of diplomas, certificates and other evidence of formal qualifications
issued on the territory of the European Union, qualifying points 1.2
up to 1.5, as well as the institutions and bodies that issue them is set out in
communication from the Ministry for regional development [§ 30b paragraph 3 (a)) of the Act].
2.
Uznávací authority recognise evidence of formal qualifications obtained outside of the
The European Union, if they were already recognized in another Member State.
Review is the same as the documents obtained in a Member State.
3.
Recognition of formal qualifications on the basis of acquired rights
3.1 Uznávací authority shall recognise the diplomas, certificates and other evidence of formal
qualifications awarded by another Member State nationals of Member
States who, on the date of publication of Directive 85/384/EEC already this qualification
have or which studies leading to a referred to the evidence of
formal qualification will be launched at the latest during the third school
the year following its publication. The evidence of formal
qualifications, even if they do not meet the minimum requirements laid down in point 1,
of this annex, shall be recognized as equivalent to the documents on the formal
qualifications issued in the Czech Republic, which are required for
access to the professional activities.
3.2 list of diplomas, certificates and other evidence of formal qualifications
issued on the territory of the European Union, which are recognised in accordance with point 3.1,
as well as the institutions and bodies that issue them is set out in the communication from the
The Ministry for regional development [§ 30b, paragraph 3 (b)) of the Act].
3.3 as equivalent documents of formal qualification issued in the Czech
Republic, which are required for access to the profession
uznávací authority recognised by the
a) certificates issued by other Member States in which, at the date of
publication of Directive 85/384/EEC applies the rules governing access to
the activities and the exercise thereof, which show that the holder has acquired
permission to use the professional title under which the activity in question in the
the State shall exercise, before the implementation of this directive and that the actual
carries out the activity in accordance with these regulations for a period of
at least three consecutive years during the five years preceding the
the issue of this certificate,
b) certificates issued by other Member States which, in the period between the
the announcement and the implementation of Directive 85/384/EEC issued regulations governing the
access to and pursuit of the activities concerned, certifying that their
the holder has acquired the right to use the professional title under which the
the activity in question in the country carries out, at the time when the directive
85/384/EEC introduced, and that actually carries out the activity in the
accordance with the following regulations for at least three consecutive years
during the five years preceding the award of the certificate.
3.4. The date of publication of the directive means the date of its publication, or
the entry into force in the Member State concerned. The date of implementation of the directive
means the date on which there is or should be the transposition of this directive
in the legal order of the Member State concerned.
4.
Professional practice shall be demonstrated evidence that the applicant has performed the practice in
the scope of the established pursuant to section 8 (2). 5 of the Act. Proof of practice is
Member State, the certificate stating that the appropriate professional practice in
This State lasted for an equivalent period.
5.
Where the legislation of a Member State allows the competent authority
This grant special permission to use the professional title
for the performance of the activities concerned persons who especially excelled with their
achievements in the field of architecture, uznávací authority recognised by the certificate of existence
This permission issued to the person concerned in accordance with the legislation of
the issuing Member State as equivalent to formal documents
qualifications and professional practice, issued in the Czech Republic, which are here
required for access to the profession.
6.
In the absence of formal qualifications have been recognised in accordance with points 1 to 5, the procedure
uznávací authority referred to in point 1 of annex 2 to this Act.
Annex No 2 to the Act No 360/1992 Sb.
The procedure and conditions for the recognition of formal qualifications and professional experience
engineers and technicians in the construction according to the directive of the European Parliament and of the
Council 99/42/EC of 7 September 2004. June 1999, establishing a procedure for the
recognition of training qualifications for professional activities prepared the directives on
liberalisation and transitional measures and supplementing the General
system for the recognition of qualifications
1.
Recognition of formal qualifications
1.1 Uznávací authority examines the knowledge and skills certified diplomas,
certificates and other evidence of formal qualifications obtained by the applicant, and
a comparison of the knowledge and skills resulting from
evidence of formal qualifications required for access to the relevant
professional activities in the Czech Republic.
1.2 Uznávací authority considers the condition shall be considered satisfied formal qualifications
If, on the basis of a comparison between the žadatelovou proves that the formal
qualifications and skills required in the Czech Republic is substantial
the difference. Important difference means the substantial differences in the length and
the content of formal qualification in the areas whose knowledge is necessary
for the performance of relevant activities. In this case, the uznávací body shall consider,
that fundamental difference cannot be replaced by knowledge and skills
obtained by the applicant on the basis of the evidence of professional experience.
1.3 If the condition is not met, formal qualifications shall issue uznávací
the decision of the authority under section 30 l, para. 2 or § traffic para. 2 of the Act, in
the preamble shall indicate, inter alia, circles of knowledge and skills that
the applicant on the basis of comparison is missing and that are necessary to access the
relevant professional activities. Uznávací authority shall provide the applicant the possibility of
demonstrate their knowledge. To this end, the applicant may choose
an adaptation period or an aptitude test, which determines the scope and length of the
uznávací authority in the decision. The adaptation period and the aptitude test is
governed by the analogy of the European Community on the General System
recognition of qualifications.
2.
Recognition of professional experience
2.1 Condition of professional experience shall be deemed to be fulfilled if the applicant
He has pursued the activity in question
a) for six consecutive years in an independent or head of
position,
(b)) for three consecutive years in an independent or head of
position, if the applicant can prove that for the relevant activity earned before
at least three years ' practice, accompanied by a certificate of study recognized in the
Member State or regarded by a competent professional for
satisfactory,
(c)) for three consecutive years in an independent capacity,
If the applicant proves that he has pursued the corresponding activity before at least five
years in an employed capacity, or
(d)) for five consecutive years in a managerial capacity, of which
at least three years in technical posts with responsibility for one or more
Department of the company, if the applicant can prove that he obtained for the activity
at least three years of study before practice, accompanied by a certificate recognised
in a Member State, or regarded by a competent professional for
satisfactory.
In the cases referred to in points) and c) must not be the time from their
the activities concerned the date of filing of the application for recognition of professional experience longer
than ten years.
2.2 performance of the activities concerned in a managerial capacity referred to in paragraph
1 means the pursuit of the activity in the appropriate vocational sector in business in
the position of the
and the head of the undertaking or of the head) of a branch of an undertaking,
(b) the owner or Manager) the representative of the enterprise, if such a position
involves responsibility equivalent to that of the proprietor
or a manager of, or
(c)) the head of a commercial and/or technical officer
Affairs with responsibility for one or more departments of the undertaking.
2.3 If the applicant is a holder of a certificate issued and recognised in other
the Member State certifying the knowledge or abilities of the applicant in the field of
the activities of at least three years of study, practice
This certificate shall be considered as evidence of academic practice, which lasted after
period required under section 2.1 (a). (b)), and (d)). If this certificate
corresponds to less than three years of study of the practice, the competent
manner of performance required in the independent or the activities concerned
leading position in section 2.1 (c). (b)), and (d)).
2.4 professional practice shall be evidenced by certificates issued by the competent authorities
the Member State concerned of the nature of the activities and the length of
its exercise. ".
Article II
Transitional provisions
1. the procedure for the imposition of disciplinary measures initiated before the date of the acquisition of
the effectiveness of this law shall be completed in accordance with the existing legislation.
2. the person to whom the authorization has been granted in the field of landscape
making prior to the effective date of this Act, shall be deemed to
the authorized person in the field of garden and landscape modifications in accordance with § 4
paragraph. 2 (a). (c)) of the Act No 360/1992 Coll., as amended by this Act.
3. Permission to design and construction of buildings that are granted permissions
in accordance with Decree No. 8/1983, Coll., on special eligibility for some
activities in the construction, as amended by Decree No. 73/1987 Coll. or decree
No 186/1990 Coll., on permissions to project activities, expires 12
months from the date of entry into force of this Act.
PART TWO
Amendment to the Trade Licensing Act
Article. (III)
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.
308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.
120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.
273/2001 Coll., Act No. 477/2001 Coll., Act No. 483/2001 Coll., Act No.
501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.
174/2002 Coll., Act No. 281/2002 Coll., Act No. 312/2002 Coll., Act No.
320/2002 Coll., Constitutional Court published under no. 476/2002 Coll.
Act No. 88/2003 Coll., Act No. 130/2003 Coll. and Act No. 162/2003 Coll.
is amended as follows:
In section 3, paragraph 3. 2 at the end of the letter h) dot replaced with a comma and the following
the letter i) including footnote # 10a) is inserted:
"i) authorized architects and engineers active in the
construction, carrying out their activity as free architects and
free engineers. ^ 10a)
10A) § 14 para. 1 (b). and) Act No. 360/1992 Coll., on the exercise of the profession of
Chartered architects and on the exercise of the profession of Chartered Engineers and
technicians in the construction, as amended. ".
PART THREE
THE PUBLICATION OF THE FULL TEXT OF THE ACT
Article IV
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No 360/1992 Coll., on the exercise of the profession of Chartered architects and
the profession of Chartered Engineers and technicians active in construction,
as is apparent from later laws.
PART FOUR
The EFFECTIVENESS of the
Article. In
This Act shall take effect on 1 January 2000. in January 2004, with the exception of the provisions
point 1 [§ 1) (e)], point 2 (article 2, paragraph 2, last sentence), section 10 [, paragraph 7
paragraph. 1 (b). (b))], section 32 (§ 22a), section 34 [section 23 (6) (b), (e))]
section 35 (§ 23 (7)), section 45 (part six) and 47 (annex No. 1 and
2), which will become effective on the date of the Treaty of accession of the Czech
Republic to the European Union enters into force.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
