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In accordance with the decision of the Parliament:
This law provides for Directive 2005 /36/EC of the European Parliament and of the Council on the recognition of professional qualifications, hereinafter referred to as: Professional Qualifications Directive The recognition of professional qualifications and the freedom to provide services.
This law applies to the recognition of professional qualifications acquired by a national of a Member State of the European Union in another Member State. This law shall also apply to the recognition of professional qualifications, on the basis of an agreement concluded with the European Economic Area or with the other party of the European Union and its Member States, or by third-country nationals Union legislation on the status.
This law shall apply to the recognition of professional qualifications, based on the recognition by another Member State of the evidence of formal qualifications awarded to a national of a Member State, the holder of which is Three years of professional experience in the Member State concerned.
If any other law contains provisions derogating from this law on the recognition of professional qualifications, they shall be applied instead of this law.
This law shall not apply to the recognition of professional qualifications in the event of a qualification as a qualification in the field of law training. Nor does the law apply to the recognition of professional qualifications for the post or mission of the police, the border guard or the armed forces.
For the purposes of this law:
(1) Regulated profession The office or function whose commencement or pursuit is subject to the fulfilment by the person of certain requirements relating to professional qualifications laid down by law;
(2) Professional qualifications Qualifications, as evidenced by evidence of formal qualifications, certificate of competence or professional experience or combination thereof;
(3) Evidence of formal qualifications The diplomas, certificates and other documents issued by the competent authority of a Member State, for the bulk of the training leading to the occupation of the Community, as well as documents issued to nationals of a Member State in a third country The training leading to the occupation;
(4) Recognition of professional qualifications A decision on the eligibility of a person to pursue a regulated profession in Finland;
(5) Adaptation period The exercise of the regulated profession in Finland under the supervision of the competent authority of that profession and any training related thereto;
(6) Aptitude test A test of professional knowledge, skills and competence to assess the applicant's ability to pursue a regulated profession in Finland;
(7) Home Member State The State in which the self-employed person in Finland has acquired their professional qualifications;
(8) Automatic recognition of professional qualifications A decision to be taken in accordance with a system of recognition, based on a system of recognition of minimum standards for training referred to in Chapter III of Title III of the Professional Qualifications Directive, in which the applicant cannot be subject to an adaptation period or an aptitude test;
(9) Provisions for recognition by the Union The provisions contained in the Professional Qualifications Directive as well as the provisions of the Commission relating to the exercise of delegated powers and the implementation of that Directive;
(10) Competent authority The body issuing the diplomas and other documents on which the recognition decision is based, and the authority which receives applications and takes decisions on the recognition of professional qualifications;
(11) European professional card An electronic certificate proving that the professional has fulfilled all the necessary conditions for the temporary and occasional provision of services, or that the professional qualifications of a professional have been recognised for establishment.
Unless otherwise provided elsewhere, the Board of Education shall decide on the eligibility of evidence of formal qualifications. On the basis of professional qualifications acquired in another country, the right to pursue a profession is to be determined by the same person who grants the right to practise that profession on the basis of a degree or training carried out in Finland.
Where appropriate, the body responsible for the recognition of professional qualifications may request the opinion of the university, university or other institution to support decision-making. The issuing authority may charge for an opinion in accordance with the cost-value payment requested by the State in accordance with the State payment law (150/1992) .
The competent authorities in the field of recognition of professional qualifications shall cooperate closely with the competent authorities of the home Member State and shall provide for mutual assistance in accordance with Within the time limits.
Professional qualifications are based on one of the following levels of qualifications:
(1) a certificate of competence issued by the competent authority of the home Member State and based on:
(a) primary or secondary general education; or
(b) for training purposes other than those referred to in paragraphs 2 to 5, for a specific examination not preceded by training, or for a full-time activity in a Member State for a continuous period of three years, or on a part-time basis, over the last 10 years; During the year;
2) certificate:
(a) education in the second degree, supplemented by vocational training or vocational training, which may be required in addition to the training provided for in paragraph 3, or by professional training or occupation; or
(b) vocational secondary education, supplemented, where appropriate, by vocational training or training, other than those provided for in paragraph 3, or by professional training, if required, or profession; Conduct;
(3) the diploma:
(a) for at least one year post-secondary education, with access to secondary education for higher education, and for any professional training required in addition to training; or
(b) training which corresponds to the level referred to in point (a) of paragraph 3 and the level of competence exceeding the level referred to in paragraph 2, provided that the diploma is accompanied by a certificate issued in the home Member State;
(4) a diploma in a university or other higher education institution or another institution providing the same level of training in at least three years but not more than four years after secondary education and training; In addition to professional training which may be required;
(5) a diploma in a university or other higher education institution or another institution providing the same level of training in addition to a period of more than four years after secondary education and, in addition to education, Of professional training required.
The professional qualifications referred to in paragraph 1 shall also be recognised as competence based on training carried out in the Community and recognised by the competent authority of the applicant's home Member State as equivalent to a specific level in accordance with paragraph 1.
The recognition of professional qualifications is based on a certificate of competence, a single document proving formal qualifications or a combination of such documents issued by a competent authority in another Member State. The recognition of professional qualifications is subject to the right of a person in his home Member State to work in a profession for which he is seeking a decision on the recognition of professional qualifications.
The recognition of professional qualifications also applies to applicants who, during the last 10 years, have been practising their profession for a period of one year or part-time in another Member State in which the profession in question is not: Regulated, with one or more certificates of competence or evidence of formal qualifications. These documents shall demonstrate the capacity of the holder to pursue the profession in question. However, the professional experience of the year shall not be required if the evidence of formal qualifications of the applicant provides for regulated professional training.
A negative recognition decision may be taken by the competent authority if the applicant's professional qualifications are established at the level referred to in Article 5 (1) (1) and national legislation requires the pursuit of the profession under Article 5 (1) (5). Level.
If, in the past, the training received by a person does not correspond to the valid requirements of the home Member State for the exercise of the profession, the level referred to in Article 5 shall take account of the rights acquired by the applicant's home Member State Legislation.
A recognition decision by another Member State may not be used to justify the application for recognition of professional qualifications other than in the cases referred to in Article 1 (3).
For the purposes of the recognition of professional qualifications, the applicant may be subject to a requirement to conduct an aptitude test or an adaptation period not exceeding three years if the content of the training received by the applicant is substantially different from that of the corresponding national The content of training.
Before imposing a requirement, it shall be examined whether the knowledge, skills and competences acquired by the applicant through professional experience or life-long learning and which, for that purpose, have been formally confirmed by the relevant body, are replaced by: In whole or in part, the essential difference referred to in paragraph 1.
The applicant may choose a replacement measure. However, a decision on the recognition of professional qualifications may provide for a mandatory adaptation period or an aptitude test if:
(1) the exercise of the profession requires the precise knowledge of national legislation and the central and permanent part of the activity;
(2) recognition of professional qualifications as referred to in Article 1 (3);
(3) the profession of recognition system, based on the coordination of minimum training requirements, does not fulfil the conditions for automatic recognition in accordance with the Professional Qualifications Directive;
(4) the applicant's professional qualifications are established at the level referred to in Article 5 (1) (1) and national legislation requires the pursuit of the profession in accordance with Article 5 (1) (3); or
(5) the professional qualifications of the applicant are set at the level referred to in Article 5 (1) (2) and national legislation requires the exercise of the profession in accordance with Article 5 (1) (4) or (5).
Where the applicant's professional competence takes place at the level referred to in Article 5 (1) (1) and national legislation requires the exercise of the profession in accordance with Article 5 (1) (4), the applicant may be prescribed both an adaptation period and Aptitude test.
Qualifications shall be organised by universities, vocational institutes, training providers and other educational institutions, as well as by the organisers of an examination certificate, as required by the recognition decision. The applicant shall have the possibility of carrying out an aptitude test within six months from the date of the decision granting the applicant an aptitude test. The certificate of participation in the qualification test and the certificate of the approved performance shall be subject to the participant's own cost-value payment in accordance with the State payment-based law.
More detailed provisions on the period of adaptation and eligibility will be laid down by the Government Decree.
On the basis of a case-by-case consideration, the competent authority shall grant partial access to the profession if:
(1) the professional is fully qualified in his home Member State to pursue the professional activity for which partial employment is sought;
(2) the differences between the professional activities carried out lawfully in the home Member State and the profession regulated in Finland are so large that the compensation measures required by the applicant would mark the completion of the training required in Finland; As a whole, in order to enable the applicant to exercise fully the regulated profession; and
(3) professional activities may be distinguished from other activities covered by that regulated profession.
Partial self-employment shall not be granted to persons whose professional qualifications are automatically recognised.
Partial self-employment may be refused if it is necessary for reasons of public security, customer or patient safety.
In the case of partial employment, Articles 5 to 7 shall apply in addition to this section.
Professional persons who have been granted partial self-employment shall clearly indicate the extent of their professional activity to the recipients of the service. Article 25 provides for the use of the professional title.
If a qualification for the recognition of professional qualifications is equivalent to the exercise of a particular profession as defined by the Union's recognition provisions, at least the necessary common knowledge, skills and competences ( Common training framework ), the applicant shall not be required to take compensatory measures within the meaning of Article 7.
The common training framework shall not replace national training programmes unless otherwise specified.
More specific provisions on the common training framework may be laid down by a Council regulation.
Where an applicant for the recognition of professional qualifications has passed a harmonised aptitude test to be determined in a Member State in a Member State, which may be carried out in all participating Member States and which is reserved for: Holders of a specific professional qualification ( Common training test ), the applicant shall not be required to take compensatory measures within the meaning of Article 7.
More detailed provisions may be laid down by the Government Decree on the common training tests.
If a profession is subject to a certain professional experience, the prior exercise of that activity in another Member State must be accepted in accordance with the provisions of the Union for recognition.
The task of the Board of Education is to issue certificates for the species and duration of the professional activities carried out in Finland. The issuing of the certificate shall be based on the professional experience documents submitted by the applicant.
The authority responsible for the recognition of professional qualifications may require, as an appendix to the application, copies of documents and certificates concerning the applicant's nationality, training, professional experience, probity, health, solvency and The right to self-employment.
The authority responsible for the recognition of professional qualifications may request translations of documents other than those in Finnish or Swedish. Where appropriate, the authority may require that the translations are Finnish or Swedish and that they are drawn up by an authorized translator.
The authority responsible for the recognition of professional qualifications may require formally certified copies of the supporting documents as an appendix to the application if there is reasonable doubt as to the authenticity of the copies and otherwise there is certainty.
More detailed provisions on the documents and certificates attached to the application may be issued by a Council Regulation.
The authority responsible for the recognition of professional qualifications shall inform the applicant of the receipt of the application and any missing documents within one month of the receipt of the application. An application based on a general recognition scheme and an application based on professional experience shall be settled by four and other applications within three months of the submission of the required documents.
Where the applicant is subject to a requirement for compensation, the competent authority shall take a conditional decision on the recognition of professional qualifications. Once the compensatory measures have been adopted, the competent authority shall take a final decision on the recognition of professional qualifications on the basis of an application. Upon application for a final recognition decision, the necessary information shall appear on the performance of the compensatory measures.
When a person who is legally established in another Member State provides services on a temporary and occasional basis in Finland, the freedom to provide services cannot be restricted for reasons of professional competence if the profession is regulated The Member State of establishment. Where the profession is not regulated in the Member State of establishment, the temporary and occasional service provision shall be allowed where the service provider has pursued the profession concerned in one or more Member States for at least one year in the last In the last ten years. However, the condition relating to the professional experience of the year shall not apply in the event of a regulated profession.
The service provider referred to in paragraph 1 shall be subject to national provisions directly relating to professional qualifications or professional supervision. The service provider shall not be subject to national requirements concerning the authorisation or entry in the register of a professional organisation or membership.
The service provider shall use the professional title of the home Member State in its official language if the home Member State has a title for the occupation. In the absence of a professional title in the home Member State, the service provider shall indicate his or her qualification in the official language of the home Member State. However, the professional title specified in Finnish law must be used for the professions covered by the automatic recognition.
Where the service provider is provided with the professional title of the home Member State or the service provider of the service provider, the service provider shall provide the following information to the recipient of the service:
(1) identification of the register of the trade register or equivalent public register;
(2) the contact details of the competent authority supervising the activity in the home Member State;
(3) a professional organisation or similar body in which the service provider is registered;
(4) the Member State in which the title or qualification is given;
(5) vat identification number;
(6) details of insurance cover or similar protection of personal or collective professional liability.
A European Professional Card shall be sought from the competent authority of Finland if the applicant is established in Finland or in Finland. The competent authority is the body responsible under Article 4 for the recognition of professional qualifications. The duties of the competent authority relating to the professional card shall be exercised by the Board of Education if the profession is not regulated in Finland.
An application for a European professional card shall be subject to the adoption by the European Commission of the necessary implementing acts.
The holder of a professional qualification may choose whether to seek a European professional card or a decision by the competent authority referred to in Article 13 on the recognition of professional qualifications.
The European Professional Card will be submitted electronically via the network application offered by the Commission. The application shall be accompanied by the documents required by the Commission implementing acts referred to in Article 4a (7) of the Professional Qualifications Directive. The application shall also be accompanied by proof of payment of the payment of the professional card.
Within one week of receipt of the application, the competent authority shall acknowledge receipt of the application and inform the applicant of any missing documents.
Where appropriate, the competent authority shall issue the certificates required in support of the Union's recognition provisions.
The competent authority shall verify whether the applicant is legally employed in Finland and whether all the necessary documents are valid and authentic. Where the competent authority has duly substantiated doubts, it shall consult the author of the document and may ask the applicant for a certified copy of the documents. In the event of a subsequent application by the same applicant, the competent authorities may not request the submission of documents which are already contained in the Internal Market Information System referred to in Article 4a (5) of the Professional Qualifications Directive ( Imi system ) File ( IMI file ) And remain in force.
The competent authority shall verify the application and the supporting documents submitted in support of the application and shall decide on the issuing of a European Professional Card for the temporary and occasional provision of services within three weeks. The time limit shall start from the receipt of the missing documents or, where no additional documents have been requested, one week after receipt of the application. The competent authority shall, after issuing the professional card, submit a professional card without delay to the competent authority of the Member States to which the applicant has indicated that he is moving. The competent authority shall at the same time inform the applicant of the state of the proceedings.
If the holder of a European professional card wishes to provide a service in the Member States other than the one indicated in the original application, he may apply for an extension of the professional card. If the holder of a professional card wishes to continue to provide services for a longer period of 18 months, he shall inform the competent authority. In the circumstances referred to in this paragraph, the holder of a professional card shall provide information on any significant changes in the information contained in the IMI file, which may be required by the competent authorities in accordance with Article 4a (7) of the Professional Qualifications Directive , pursuant to the Commission implementing acts. The competent authority shall transmit the updated European Professional Card to the Member States concerned.
The decision to grant and extend the professional card shall be subject to an appeal in accordance with Article 24.
An application for services which, on a temporary and occasional basis, has an impact on public health or public security and which are not subject to any automatic recognition system, shall apply to: Article 20, instead.
The European professional card submitted to the competent authority of Finland from another Member State shall be valid throughout the territory of Finland for as long as its holder is entitled to pursue the profession in accordance with the documents and particulars of the IMI file. Based on. The professional card issued shall act as an advance notice within the meaning of the provisions of the Union's recognition rules and shall not be subject to any further notification from the holder of the professional card in the next 18 months.
Professionals where the temporary and adventitious provision of services has an impact on public health or public security and which are not subject to any automatic recognition system shall apply instead: § 21.
Within one month, the competent authority shall verify the authenticity and validity of the documents included in the IMI file for the purpose of establishing a European Professional Card for establishment. The time limit shall start from the receipt of the missing documents or, where no additional documents have been requested, one week after receipt of the application. The competent authority shall immediately forward the application to the competent authority of the Member State in which the applicant has indicated that he is moving. The competent authority shall at the same time inform the applicant of the processing stage of the application.
In cases of automatic recognition, the competent authority shall, within one month of receipt of the application from the home Member State, decide whether to grant a European Professional Card. In the cases covered by the general system of recognition and in the cases referred to in Article 19 (2), the competent authority shall decide within two months of receipt of the application submitted by the home Member State: A European Professional Card or whether to impose compensatory measures on the holder of the professional qualification.
Before issuing a professional card, the competent authority may, for specific reasons, request additional information or certified copies of the documents from the home Member State. Notwithstanding such request, the deadline laid down in paragraph 1 shall be respected. However, the competent authority may decide to extend the deadline by two weeks. In addition, the deadline may be renewed for two weeks if necessary, in particular for reasons of public health or the safety of the recipients. Any extension shall be justified and shall be notified to the applicant.
The competent authority may take a negative decision if it does not receive the necessary information from the home Member State or the applicant, which it is entitled to request in accordance with the provisions of the Union's recognition.
If the competent authority does not take a decision within the time limit, the European Professional Card shall be automatically sent to the holder of the professional qualification via the IMI system.
The granting of a professional card for establishment shall not automatically give the holder of the card the right to pursue a particular profession if registration requirements or other control procedures exist for that profession.
The competent authorities shall, without delay, update the relevant IMI file on restrictions and prohibitions on the right to self-employment. In so doing, they shall comply with the provisions on the protection of personal data. In the case of updates, information which is no longer required shall be deleted. All updates shall be immediately notified to the European Professional Card holder and to the competent authorities having access to the corresponding IMI file.
The obligation to update the information referred to in paragraph 1 shall cover only the following information:
(1) the identity of the professional;
2) the profession concerned;
(3) information on the national authority or court which has adopted a decision on restriction or prohibition;
4) the scope of the restriction or prohibition;
(5) the duration of the restriction or prohibition.
The information to be included in the European professional card shall be limited to the information necessary to ensure the holder's right to exercise the profession for which the card was issued. Information relating to professional experience or replacement measures by a European professional card holder shall be included in the IMI file.
The personal data contained in the IMI file may be processed for as long as it is necessary either for the purposes of the recognition procedure or for the submission of prior notification of recognition or temporary provision of services.
The competent authorities referred to in Article 16 (1) shall be considered as the European Professional Card and the personal data contained in IMI files for the processing of personal data (523/1999) The controllers referred to in paragraph 4.
The competent authority may only examine IMI files relating to the case before or before it. The competent authorities shall communicate to the holder of the European Professional Card the content of the IMI file, if requested. Employers, customers, patients, public authorities and other interested parties may check the authenticity and validity of the European Professional Card submitted to them by the cardholder.
The holder of a European professional card shall, at any time and free of charge, request the correction of inaccurate or incomplete information or the deletion or blocking of the relevant IMI file. The holder must be informed of this right when issuing a European Professional Card.
If the holder of a professional card requests the deletion of a IMI file relating to the establishment of a service in Finland or the temporary and occasional provision of services within the meaning of Article 19 (2) in Finland The professional card, the competent authorities shall provide proof to the holder of the professional qualification of the recognition of his professional qualifications.
The decision referred to in this Act shall be subject to appeal by the appeal to the administrative court, in accordance with the administrative law (18/06/1996) Provides.
Where a decision within the meaning of this Act has not been taken within the prescribed period, the applicant may lodge a complaint in accordance with the administrative law law, which shall be deemed to have been rejected. Such a complaint may be lodged until a decision has been taken.
An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
Where the use of a professional title relating to a particular professional activity is regulated nationally, nationals of other Member States who are authorised to pursue a regulated profession pursuant to a decision on recognition of professional qualifications referred to in this Act shall: Use the professional title and the possible abbreviation specified in the Finnish legislation.
Professional activities shall be carried out under a professional title issued in the home Member State where a person has been granted the right to self-employment as referred to in Article 8. The competent authority may require that the professional title is used in Finnish or Swedish.
The applicant shall have the right to use the investigative title of the home Member State or, where appropriate, its abbreviation in the language of the home Member State. If the title of the investigation can be confused with a heading requiring additional training in Finland, the authority responsible for the recognition of professional qualifications may require the applicant to use the investigative title in a suitable form.
The competent authorities shall, within three days of the date of the decision of the Court of Justice, inform the competent authorities of all other Member States, through the IMI system, of the identity of the professional who is Sought recognition of professional qualifications in accordance with the Professional Qualifications Directive and subsequently validated by the Court of Justice in this context as evidence of professional qualifications ( Alert ).
The competent authority shall inform the person who is the subject of the alert in writing of the alert decisions at the same time as it sets the alarm. An appeal shall be brought against the alert decision in accordance with Article 24. The alert to the competent authorities of the other Member States shall be accompanied by information that the person has appealed against the decision to raise the alarm.
If a competent authority receives an alert for an application for recognition or a person receiving a recognition decision, it shall request an alert from the competent authority of the Member State of dispatch to report to the alert For the reasons that led to the negative recognition decision or to the application for demolition under the administrative law.
Data on alarms may be processed in the IMI system as long as they are valid. The competent authority shall remove the alert from the IMI system within three days of the validity of the alert no longer valid.
The Ministry of Education and Culture is responsible for national coordination on procedures for the recognition of professional qualifications.
The Board of Education shall act as a support centre within the meaning of the Professional Qualifications Directive.
The supply and confidentiality of the information and confidentiality of the competent authority and other bodies responsible for the activities covered by this law shall be governed by the law on public authorities' activities. (18/09/1999) .
This Act shall enter into force on 1 January 2016.
This law repeals the law on the recognition of professional qualifications (19/03/2007) .
Applications brought before the entry into force of this Act shall be subject to the provisions of this Act if the decision is taken after the entry into force of this law.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
If, as a compensatory measure under the law on the recognition of professional qualifications, the applicant is subject to an aptitude test carried out by the University of Justice, the eligibility test shall be possible at the latest by: 31 December 2018. On the basis of an application, the National Board of Education takes a final decision on the recognition of professional qualifications pursuant to Article 13 of the Act on the recognition of professional qualifications.
In other legislation, the reference to the repealed Professional Qualifications Act shall be construed as a reference to this Act after the entry into force of this Act.
THEY 22/2015 , SiVM 6/2015, EV 50/2015, European Parliament and Council Directive 2013 /55/EU (32013L0055); OJ L 354, 28.12.2013, p. 132
