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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: The Professional Qualifications Directive, The recognition of professional qualifications and the freedom to provide services.
This law applies to the recognition of professional qualifications acquired mainly in another Member State by a national of a Member State of the European Union. 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 of the European Communities and their Member States, or by third countries Community legislation on the status of citizens.
This law shall apply to the recognition of professional qualifications, based on the recognition by another Member State of evidence of formal qualifications granted to nationals of a Member State outside the Community if the holder of the document is: Three years of professional experience in the Member State concerned.
If there are different provisions in this Act, they shall be applied instead of this law.
For the purposes of this law:
(1) Regulated profession A post or function whose access or exercise is subject to the fulfilment by the person of certain requirements relating to the professional qualifications laid down by law or regulation;
(2) Professional qualifications Qualifications, as evidenced by evidence of formal qualifications, certificate of competence or professional experience, or both;
(3) Evidence of formal qualifications The diplomas, certificates and other documents issued by the competent authority of a Member State, mainly from training carried out in the Community, as well as documents issued to nationals of a Member State in a third country; Training;
(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 procedure to measure exclusively professional knowledge and 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 under a system of recognition based on the coordination of minimum training requirements, in which the applicant cannot be subject to an adaptation period or an aptitude test;
(9) Provisions for recognition by the Community The provisions of the Professional Qualifications Directive as well as the provisions of the Commission regulations relating to the implementation of that Directive.
The Ministry of Education is responsible for national coordination on procedures for the recognition of professional qualifications.
The National Board of Education acts as a national contact point within the meaning of the Community provisions on recognition.
The transmission and confidentiality of the information provided by the competent authority responsible for the activities covered by this law shall be in force in accordance with the law of the competent authority (18/09/1999) Provides.
Paragraph 1 shall apply not only to the authorities, but also to those who have the legal right to issue diplomas and other documents on which the recognition decision is based.
The Board of Education shall decide on the eligibility of evidence of formal qualifications to a regulated profession, unless otherwise provided elsewhere. In accordance with the law or under the law of the other, the right to pursue a profession in another country must be determined by the same person granting the right to practise in that profession in Finland. Based on.
Where appropriate, the body responsible for the recognition of professional qualifications may ask the university, higher education or other educational establishments to make an opinion on the equivalence of studies carried out by the applicant and the areas missing in Finland, as compared to the Studies and the duration and tasks to be included in the period of adaptation to the applicant and the content of the aptitude test. The issuing authority may charge a fee corresponding to the amount of the personal cost requested by the person in accordance with the State contribution law (150/1992) The fees charged for public services and, where appropriate, by a decree of the Ministry of Education.
Professional qualifications are based on one of the following levels of qualifications:
(1) a certificate of competency 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 4, 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, the admission requirement of which is the completion of secondary education and training, in addition to the training which may be required in addition to training; or
(b) training as defined in the Community provisions on recognition;
(4) a diploma in a university or other higher education institution or other equivalent level of education at a level of at least three years, but not more than four years, of post-secondary education, and In addition to training, which may be required for professional training;
(5) a diploma in a university or other higher education institution or another institution of the same level over a period of more than four years from post-secondary education and training, in addition to 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 single document proving formal qualifications or a combination of such documents issued by a competent authority in another Member State. Documentation of formal qualifications shall be placed at a level corresponding to at least the level immediately preceding the breakdown prescribed in Article 6 rather than the one required for the same professional qualification at national level.
In the event that any previous training received by a person does not correspond to the valid requirements of the home Member State for the pursuit of the profession, the level referred to in Article 6 shall take into account the acquired rights of the applicant's home Member State Legislation.
A recognition decision by another Member State cannot be used to justify the application for recognition of professional qualifications other than in the case of Article 1 (3).
For the purposes of the recognition of professional qualifications, the applicant may be required to conduct an aptitude test or an adaptation period of up to three years if:
(1) the duration of the training carried out by the applicant is at least one year shorter than that required at national level;
(2) the content of the training received by the applicant differs substantially from the corresponding national training; or
(3) the regulated profession involves a professional activity which is not included in the same profession in the applicant's home Member State and that the training received by the applicant deviates substantially from the corresponding national training.
Before imposing a requirement, it is necessary to examine whether the information obtained by the applicant during his professional experience is such that they replace, 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 referred to in Article 1 (3); or
(3) the practitioner of the 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.
Universities and other educational institutions shall organise aptitude tests as required by the recognition decision. The certificate of participation in the qualification test and the certificate of the approved performance shall be collected from the participant in the form of a fee according to the cost value of the participant in accordance with the State contribution law Fees and, where appropriate, by a decree of the Ministry of Education.
The Adaptation period and the aptitude test are laid down in more detail by the Government Decree.
Professional associations and unions may submit to the Commission of the European Communities the adoption of common minimum standards for professional qualifications.
Where the qualifications for the recognition of professional qualifications are equivalent to common minimum standards in accordance with the Community legislation on recognition, the applicant shall not be required to take the compensatory measures referred to in Article 8.
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 Community recognition.
Chamber of Commerce (878/2002) , the Chamber of Commerce is responsible for issuing certificates for the species and duration of the professional activities carried out in Finland. The certification shall apply to the administrative law (2003) , language law (2003) And the provisions of the law on public authorities' activities.
If the qualification or qualification requirement is the qualification of an architect or a built-in architect, the qualifications awarded by the Professional Qualifications Directive are those which fall within the scope of the The system of recognition. In addition, the automatic recognition of professional qualifications requires that the applicant, in his home Member State, has the right to pursue the profession of architect. A decision shall be taken on the eligibility of an architect's degree in the automatic recognition system and the necessary compensatory measures in accordance with the provisions of the general system for recognition.
The authority responsible for the recognition of professional qualifications may request officially certified copies of the following documents and certificates as an annex to the application:
(1) a document proving the nationality of the applicant;
(2) copies of evidence of formal qualifications and certificates of competency or a copy of the training document giving the right to take up the profession;
(3) a certificate from the competent authority of the applicant's home Member State that the training documents are documents within the meaning of the Community provisions on recognition;
(4) professional experience;
(5) not more than three months before the submission of a certificate of good repute or probity or the failure of the applicant to declare bankruptcy;
6) not more than three months before the submission of the certificate of the applicant's solvency and the fact that the applicant is insured against any financial damage caused by professional liability.
In addition, at the request of the applicant, the applicant shall submit, on request, information on his training, enabling the authority responsible for the recognition of professional qualifications to identify any relevant differences in relation to the training required in Finland.
The application must be accompanied by a translation of Finnish or Swedish translation translated by the official translator from any other supporting documents written in the Nordic language.
More detailed provisions on the documents and certificates attached to the application may be adopted by a decree of the Council.
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. The application for automatic recognition of professional qualifications shall be settled by three and other applications within four months of the submission of the required documents.
If, in the recognition of professional qualifications, the applicant is subject to a requirement for compensatory measures, the recognition decision shall be conditional upon completion of the adjustment period or the validity test has been successfully completed. The final recognition decision shall be taken after the applicant has submitted to the relevant authority the provision of compensatory measures.
The application of the amendment to the decision referred to in this Act shall be valid for the purposes of the administrative law (18/06/1996) Provides.
In the absence of a decision within the time limit, 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.
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.
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.
If 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 a reason relating to professional qualifications. The temporary and occasional service provision shall also be allowed where the profession is not regulated in the Member State of establishment and the service provider has pursued the profession concerned there for at least two years in the last 10 years During.
The service provider 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.
This Act shall enter into force on 1 January 2008.
This law repeals the law on the entry into force of the European Community system for the recognition of qualifications (1597/1992) With its subsequent modifications.
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 other legislation, the reference to the law on the entry into force of the general system for the recognition of qualifications in the European Community shall be construed as a reference to this law after the entry into force of this Act.
Before the law enters into force, measures may be taken to implement the law.
THEY 26/2007 , SiVM 5/2007, EV 52/2007, Directive 2005 /36/EC of the European Parliament and of the Council (32005L0036); OJ L 255, 30.9.2005, p. 22
