General recognition of EC professional qualifications

Original Language Title: Algemene wet erkenning EG-beroepskwalificaties

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Act of 6 December 2007, laying down general rules for the recognition of Community professional qualifications (General Law Recognition EC-professional qualifications)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into account that it is necessary to lay down rules for the implementation of the law. Directive No 2005 /36/EC from the European Parliament and the Council of the European Union of 7 September 2005 on the recognition of professional qualifications (PbEU L 255);

that these rules apply to nationals of the Member States of the European Union, other States party to the Agreement on the European Economic Area and Switzerland, to the taking up and pursuit of a regulated profession in the Netherlands shall ensure that certain professional qualifications are subject to the possession of certain professional qualifications, if the professional qualifications acquired in another State or States concerned confer upon them the right to draw the same profession in that State or State. exercise;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. General provisions

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Article 1. Definitions

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

Adaptation period -the exercise in the Netherlands of a regulated profession, under the responsibility of a qualified professional, with, where appropriate, supplementary training, in order to assess whether the migrant worker is sufficient to assess whether or not to pursue a profession has competence to exercise the relevant profession in the Netherlands;

competence attestation : attestation of competence as referred to in point Article 9 (e) ;

professional experience : effective and lawful full-time or equivalent part-time exercise of the profession in question in an relevant State;

Professional qualifications : qualifications supported by evidence of formal qualifications, competence attestation or professional experience;

Vocational training -a period of professional practice under the supervision of a supervisor who is a condition of access to or pursuit of a regulated profession and who takes place during or after the completion of a diploma leading to a diploma, certificate or attestation of competence as referred to in Article 9 ;

Member State : Member State of the European Union, other State Party to the Agreement on the European Economic Area or Switzerland;

overriding reasons in the general interest : reasons that have been recognised as such in the case-law of the Court of Justice of the European Union;

ECTS credits : credits which have been valued according to the European Credit Transfer System;

Lifelong learning : all forms of general education, vocational education and training, non-formal education and informal learning that take place throughout the life and which lead to greater knowledge, skills and competences, possibly also in the field of professional ethics;

recognition of professional qualifications : recognition of professional qualifications as intended Article 5 ;

European professional card : electronic document which serves as evidence that a migrant professional complies with the necessary conditions for the taking up or pursuit of a regulated profession in an relevant State;

Regulated profession :

  • 1. professional or professional activity in respect of which access to, or exercise thereof, including the conduct of a professional title, is subject, directly or indirectly, to or under the law, to the possession of certain professional qualifications; professional qualifications; or

  • 2. recourse being exercised by the members of the associations or organizations listed in Annex I to Directive No 1408/71; 2005 /36/EC of the European Parliament and of the Council of the European Union of 7 September 2005 on the recognition of professional qualifications (PbEU L 255);

regulated training Training which is specific to a particular profession and consists of a course of study whose structure and level are established by or pursuant to law, supplemented, where appropriate, by vocational training, traineeships, or practical experience, the structure and level of which have been established by or under the law;

IMI : electronic information system as referred to in Article 1 of Regulation (EU) No 1024/2012 concerning administrative cooperation through the Internal Market Information System ("the IMI Regulation");

Migrant worker :

  • 1 °. a national of an affected State;

  • 2 °. third-country national who holds an EU residence permit issued by a Member State of the European Union for long-term residents as referred to in Article 8 of the Treaty; Directive No 2003 /109/EC of the Council of the European Union of 25 November 2003 on the status of long-term residents of third countries (PbEU L 016);

  • 3 °. member of the family of a national of a State who is a national of a third country and who is a national of a third country Directive No 2004 /38/EC of the European Parliament and of the Council of the European Union of 29 April 2004 on the right of freedom of movement and residence in the territory of the Member States to the citizens of the Union and their family members (PbEU L 158 and L 229), is entitled to the State concerned to enter and reside;

Our Minister : Our Minister of Education, Culture and Science;

Our Secretary of State : Our Secretary of State, under whose policy responsibility is governed by or by law of access to, or exercise of, the relevant regulated profession;

evidence of formal qualifications :

  • 1 °. Qualification as referred to in Article 9 (a) to (d) Having been issued by law in a State other than the Netherlands competent to conclude a reference to a majority of the areas covered by the Agreement on the European Economic Area, Switzerland followed vocational training; or

  • 2 °. Qualification as referred to in Article 9 (a) to (d) Which has been issued by the competent authority in a third country or under law to that effect if the migrant professional in the profession in question has acquired a professional experience of at least three years in the territory of an association concerned. state other than the Netherlands which has recognised the qualification in question and where that State confirms that professional experience;

Person entry : Person given as intended in Article 1 (a) of the Personal Data Protection Act ;

Aptitude test : A test of the professional knowledge, skills and competencies of the migrant professional, the purpose of which is to assess whether the migrant profession has the competence to carry out the activities of a migrant worker, or to the professional knowledge of the migrant worker. The Netherlands shall be subject to a regulated profession and shall cover subject areas which are not covered by the training which the migrant professional has followed and which are essential for the pursuit of the profession in question. The Netherlands, and including the knowledge of the professional rules which apply to the Netherlands activities shall apply, taking into account that the migrant professional is a qualified professional in the State of origin or provenance concerned;

Directive : Directive 2005 /36/EC of the European Parliament and of the Council of the European Union of 7 September 2005 on the recognition of professional qualifications (PbEU L 255), as last amended by Directive 2013 /55/EU of the European Parliament and the Council of 20 November 2013 amending Directive 2005 /36/EC on the recognition of professional qualifications and of Regulation (EU) No 336/EC Regulation (EC) No 1024/2012 on administrative cooperation through the Internal Market Information System (the IMI Regulation) (PbEU 2013, L 354) ';

Explanation of behaviour : declaration as referred to in Article 28 of the Law and Criminal Justice Act .


Article 2. Organing of professionals

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Article 3. The same appeal

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For the purposes of this Act and the provisions based thereon, the profession which the migrant professional wishes to pursue in a State in question shall be regarded as the same as that for which he or she is in the State of origin of that State. They shall be subject to the qualification, if they are comparable.


Article 4. Scope

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  • 1 This Act shall apply to regulated professions, to the extent that it is not implemented by law in respect of an appeal:

    • (a) the Directive; or

    • b. A separate EU directive on the mutual recognition of professional qualifications.

  • 3 This law does not apply to a regulated profession which is also a public service contract as referred to in Article 45 (4) of the Treaty on the Functioning of the European Union, unless otherwise provided by or under the law Determined.

Chapter 2. Recognition of professional qualifications

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Article 4a. Scope Chapter 2

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This chapter shall apply to the migrant professional who in the Netherlands wishes to have access to, or to pursue, a regulated profession on the basis of professional qualifications required by another State concerned for access to, or exercise of that profession.


Article 5. Recognition of professional qualifications

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  • 1 The Minister concerned may grant recognition of professional qualifications to a migrant professional who wishes to have access to, or exercise of, a regulated profession in the Netherlands on the basis of professional qualifications obtained in another Member State. has been required to have access to, or exercise of, that profession.

  • 2 The migrant professional who has been granted recognition of professional qualifications in respect of a regulated profession satisfies the conditions laid down in or pursuant to law for the admission to, or exercise of, the profession in question. professional qualifications and may pursue that profession under the conditions laid down in the Netherlands for that occupation.


Article 6. Qualification requirements for professional qualifications

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  • 1 The Secretary of State for which it is the responsibility of the Minister to grant recognition of professional qualifications if the migrant professional is in possession of a evidence of formal qualifications awarded or a member of the competent authority in a State other than the Netherlands Certificate of competence in respect of which a professional qualification level is established, as provided for in Article 9 , which shall be made compulsory in the other State concerned in the exercise of the profession in question.

  • The Secretary of State shall also recognise professional qualifications if the migrant worker has completed his application for a period of one year or for an equivalent period in the ten-year period preceding the application has been exercised part-time in a State other than the Netherlands in which that profession is not regulated and the migrant professional is in possession of one or more evidence of formal qualifications or by the competent authority in another State concerned, other than that of the State concerned. The Netherlands issued certificates of competence which show that the migrant worker is the exercise of the profession in question is prepared.

  • 3 Our Secretary of State acknowledges that:

    • a. A training level attested by another State concerned as referred to in Article 9 ; and

    • (b) the certificate by which the other Member State concerned states that the training provided for in Article 9 (c) (2) , is equivalent to the level referred to in Article 9 (c), below 1 °.


Article 7. Regulated training

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The professional experience of one year, referred to in Article 6, second paragraph It shall not be required if the migrant worker has completed a regulated education with the evidence of formal qualifications or training qualifications.


Article 8. Absence of recognition of professional qualifications at four levels

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By way of derogation from the Articles 6, first and second paragraph, third paragraph, part a , and 11 The Secretary of State may refuse to grant recognition of professional qualifications if the migrant professional is in possession of a certificate of competence at the level of qualification, which is intended to be established in the Member States. Article 9, part e The professional qualification of the qualification referred to in Article 9 (a) shall be compulsory for access to, or exercise of, the profession in question.


Article 9. Qualification Levels

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For the application of Article 6 and Article 11, seventh paragraph , the professional qualifications are distinguished in the following five levels:

  • a. A diploma atone to completion of training at the level of higher education of a duration of at least four years or, in the case of part-time training, of an equivalent duration, which may also be expressed in a manner which is equivalent to that of the equivalent number of ECTS credits, to a university or higher education institution or to any other institution with the same level of training, and, where appropriate, to complete vocational training which is complementary to that institution higher education training is required;

  • (b) a diploma concluding an education at the level of higher education of a duration of at least three years and not more than four years, or, in the case of part-time training, of an equivalent duration, which may also be used expressed in an equivalent number of ECTS credits, to a university or higher education institution or to any other institution with the same level of training, and, where appropriate, to complete vocational training which is required to supplement this higher education training;

  • c. A diploma concluding:

    • 1. training at the level of higher education of a duration of at least one and less than three years, or, in the case of part-time training, with an equivalent duration, for which, as a rule, one of the conditions for admission to the Secondary education training shall be completed for access to university or higher education or equivalent secondary school education and, where appropriate, vocational training which shall be complementary to this education. higher education training is required, or

    • 2 °. regulated training or, in the case of regulated professions, vocational training of a particular structure, provided that the diploma is accompanied by a certificate of the State of origin concerned:

      • a. Reaching competences that transcend the competence of the level of qualification referred to in subparagraph (d); and

      • b. which is equivalent to the level of training referred to below 1 °, and leads to a similar professional competence as well as prepares for a comparable level of responsibilities and tasks;

  • d. A certificate to conclude an education at a non-higher level of education:

    • 1. of a general nature, supplemented by a course of study or vocational training other than that referred to in point (c) or with the occupational training or practical experience required as a supplement to the course of the course of study; or

    • 2. of technical or professional nature, supplemented, where appropriate, by a course of study or vocational training referred to at point 1, or of the professional placement or practical experience required as a complement to this course;

  • e. an attestation of competence:

    • 1 °. after following an education which does not complete with a certificate or diploma referred to in points (a) to (d), or

    • 2 °. after passing a specific examination without prior training, or

    • 3 °, showing that, during the previous 10 years, the profession has been held part-time or for three consecutive years in a Member State other than the Netherlands in a Member State concerned, or for an equivalent period of time,

    • 4 °. following general training at the level of primary or secondary education, showing a certain general development.


Article 10. Equivalence of professional qualifications

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With evidence of formal qualifications at the end of a Article 9 the said training, including the level concerned, shall be treated as:

  • (a) a evidence of formal qualifications which, or a set of evidence of formal qualifications issued by the competent authority in a State other than the Netherlands, is, where appropriate, one in the fields covered by the Agreement on the European Economic Area of the European Communities; whether Switzerland is completed on a full-time or part-time basis both within and outside formal programmes, recognised as equivalent by that State and to which the same rights for access to or the exercise of an occupation is linked, or which is a preparation for the exercise of of that appeal.

  • (b) a professional qualification which, although no longer satisfies the conditions laid down in or pursuant to law in the State of origin or the State of origin for access to or pursuit of an occupation, is the holder of that qualification with or under the conditions of Law confers rights acquired in that State.


Article 11. Compensatory measures

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  • 1 The Secretary of State may require the migrant professional to continue with an adaptation period of not more than three years, or to issue an aptitude test, if:

    • (a) the training followed by the migrant worker relates to subjects which differ materially from the subjects covered by the training required in the Netherlands; or

    • (b) the profession, regulated in the Netherlands, comprises one or more regulated professional activities which do not exist in the same profession in the State of origin or the origin of the migrant professional, and this difference shall be by training required in the Netherlands and relating to subjects which differ substantially from the subjects covered by the certificate of competence or evidence of formal qualifications of the migrant professional.

  • 2 For the purposes of the first paragraph, subjects which are substantially different shall mean subjects whose knowledge, skills and competencies are essential for the pursuit of the profession and for which the person concerned is the subject of a occupational training in duration or content is significantly different from the training required in the Netherlands.

  • 3 When applying the first paragraph, our Minister shall first verify that the knowledge, skills and competences acquired by the applicant in the context of his professional experience or in the context of lifelong learning are met, and which the competent authority shall be formally validated by a competent authority, in an appropriate State or a third country, the material difference referred to in the second paragraph may be partially or partially covered.

  • 4 The migrant professional shall be given the choice between an adaptation period and an aptitude test.

  • 5 The migrant professional shall not have the choice referred to in paragraph 4:

    • a. concerning an appeal which requires a precise knowledge of Dutch law for the exercise of that profession and of which the provision of advice or the provision of assistance in the field of Dutch law is a substantial and dedicated part forms part of the exercise;

    • (b) in the case of evidence of formal qualifications issued in a third country;

    • c. if he holds a professional qualification from a level as referred to in Article 9, part e , and in the Netherlands for the taking up or pursuit of the regulated profession concerned, a professional qualification is required of the level referred to in Article 9 (c);

    • d. if he holds a professional qualification from a level as referred to in Article 9, part d , and in the Netherlands for access to or pursuit of the regulated profession in question, a professional qualification is required of the level referred to in Article 9 (a) or (b).

  • 6 By way of derogation from paragraph 1, the Secretary of State may require that the migrant professional shall complete an adaptation period as well as an aptitude test if the professional person is in possession of a professional person who is not a member of the profession. Professional qualification of a level as referred to in Article 9, part e , and in the Netherlands for access to or pursuit of the regulated profession in question, a professional qualification is required of the level referred to in Article 9 (b).

  • 7 If our minister requires adaptation or an aptitude test, he shall inform the migrant professional of the reasons for that purpose and shall provide information on:

    • (a) the level required in the Netherlands for the taking up and pursuit of the regulated profession in question, Article 9 , and the level at which the vocational qualification obtained by the migrant professional shall be classified; and

    • b. the essential differences, referred to in the second paragraph, and the reasons why these differences cannot be offset by the knowledge, skills and competences acquired by the migrant professional by professional experience or by professional experience in the Member States; the framework of lifelong learning and which have been formally validated by a competent authority for that purpose.

  • 8 Our Secretary of State shall, on the occasion of his/her application, impose an aptitude test within six months of the decision being taken by the migrant professional of whom he requires an aptitude test.


Article 12. Partial access

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  • (1) If the differences between the professional activities carried out in the State of origin or the State concerned and the professional activities covered by the profession in the Netherlands are such that the requirements of an adaptation period are likely to be proeve of competence specified in Article 11, first paragraph , would be tantamount to following a full education or training programme, would allow our minister to grant partial access to the regulated profession if the following conditions are met:

    • (a) the migrant professional is fully qualified to exercise in the State of origin or origin concerned the professional activities for which partial access is granted; and

    • (b) the professional activities which the applicant wishes to carry out may be objectively separated from the other professional activities covered by the regulated profession in the Netherlands.

  • 2 Our Secretary of State may refuse to grant partial access if this refusal is justified by a compelling reason of general interest and is necessary to protect the interest in question.

  • 3 The migrant professional who has been granted partial access shall carry out the professional activities under the professional title of his State of origin or provenance. Our Minister, who is in this regard, can prescribe the use of that professional title in a Dutch official language by ministerial order.

  • 4 The migrant professional shall clearly indicate to the customers of the services the professional activities which he or she is entitled to pursue.


Article 13. Documents accompanying the application

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  • 1 Our Secretary of State may, before deciding on an application for recognition of professional qualifications, require the following documents:

    • a. a certificate of the nationality of the migrant professional and, if the definition of a migrant professional, under 2 °, applies, a residence permit issued by the Netherlands for long-term residents as intended in Article 8 of Directive No 2003 /109/EC of the Council of the European Union of 25 November 2003 on the status of third-country nationals who are long-term residents (PbEU L 016), or an EU residence permit issued by a Member State other than the Netherlands, and an EU Member State residence permit as intended Article 14 of the Aliens Act 2000 , or, if the definition of a migrant professional, under 3 °, applies, a residence card of a family member of a Union citizen or a durable residence card or other means of proof which indicates that the applicant is the right of residence or the right of permanent residence provided for in Chapter III or Chapter IV of this Directive Directive No 2004 /38/EC of the European Parliament and of the Council of the European Union of 29 April 2004 on the right of freedom of movement and residence in the territory of the Member States to the citizens of the Union and their family members (PbEU L 158 and L 229);

    • b. a copy of the attestation of competence or of the evidence of formal qualifications on which the migrant professional is invokes;

    • c. Where appropriate, proof of the professional experience of the migrant professional;

    • d. an attestation for confirmation that the migrant professional has not been criminally convicted or has been imposed on him temporarily or permanently on a professional basis, if the Netherlands, too, requires that from his own nationals;

    • e. documents, statements and attestations as intended in the Articles 14 to 16 , in so far as the taking up or pursuit of a regulated profession is subject to it, and

    • f. Documents as referred to in Article 17 .

  • 2 Our Secretary of State may ask the migrant professional to provide information concerning his training, to the extent necessary for the establishment of substantial differences as referred to in Article 3 (2) of the Treaty. Article 11, second paragraph .


Article 14. Explanation of behaviour and bankruptcy

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  • 1 Where the taking up or pursuit of a regulated profession is subject to the following conditions:

    • a. A statement of conduct or any other document showing a confidence assessment in the case of or under the Law and punitive data law , or

    • b. a document proving that the migrant professional has not been in a state of bankruptcy or has been subject to the debt restructuring scheme in respect of the migrant professional,

      as such shall be the document corresponding to that declaration or document issued by the competent authority of the State of origin or the origin of the migrant professional.

  • 2 Where documents referred to in paragraph 1 are not issued by the competent authority in the State of origin or provenance concerned, the migrant professional may be required to make a declaration under oath or a solemn declaration. a statement to the effect of a judicial or administrative authority, a notary, or a professional body responsible in that State, who issues a certificate indicating that that statement is under oath; or solemn declaration has been made.

  • 3 The declarations, documents and certificates referred to in paragraphs 1 and 2 may not exceed three months when an application for the recognition of professional qualifications is to be obtained.


Article 15. Health document

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  • 1 Where the taking up or pursuit of a regulated profession is subject to a document relating to mental or physical health, the document in the State of origin or the country in question shall be deemed to be such as to point is required.

  • 2 Where a document referred to in paragraph 1 is not required in the State of origin or provenance concerned, the migrant professional may be issued with a certificate issued by the competent authority of that State.


Article 16. Proof of financial standing and insurance

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  • 1 Where the taking up or pursuit of a regulated profession is subject to the following conditions:

    • a. A proof of financial standing; or

    • b. proof of insurance against the financial risks associated with professional liability;

      if sufficient proof is provided by banks or insurance companies of a Member State other than the Netherlands.


Article 17. Disciplinary and criminal offences

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  • 1 If, in the case of disciplinary or criminal offences, our Minister for the purpose of temporarily or permanently prohibiting the taking up or pursuit of a regulated profession is subject to documents issued by the competent authority of the State of origin or provenance from which it is found that no temporary or permanent disciplinary or criminal appeal has been imposed on the migrant professional as being sufficient proof.


Article 18. Oath or Promise

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If, for the purposes of access to or pursuit of a regulated profession, taking an oath or promise and the formula of this oath or promise cannot be used by the migrant professional, Our Secretary of State shall take care that the migrant professional may use an appropriate equivalent formula.


Article 19. Recognition procedure

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  • 1 The Secretary of State shall, within one month, acknowledge receipt of an application for recognition of professional qualifications and shall, on that occasion, inform, where appropriate, the documents which the application should be supplemented.

  • 2 Our Minister shall decide on the application as soon as possible and in any case within three months. This period may be extended once a month, unless there is a regulated profession subject to automatic recognition as provided for in Title III, Chapter III, of the Directive or of automatic recognition on the basis of common training principles as set out in Article 30c .

  • 3 The decision, referred to in the second paragraph, may be held in the event of the requirements of an adaptation period or an aptitude test as referred to in Article 3 (1). Article 11 . The migrant professional shall be informed thereof within the time limit referred to in the second paragraph.

  • 4 In the case of application of paragraph 3, our Minister shall take up as soon as possible and in any event within one month of the completion of an adaptation period by the migrant professional or an aptitude test, a decision as referred to in the second paragraph.


Article 20. Use of professional title

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Where rules governing the use of the professional title of one of the activities of the regulated profession in question are subject to rules in the Netherlands, the migrant professional who is entitled under this Chapter shall carry out the regulated profession. occupation, the professional title of the profession in the Netherlands, and the migrant professional shall use the abbreviation of that title.

Chapter 3. Temporary and occasional services

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Article 21. Conceptual determination Chapter 3

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For the purposes of this Chapter, 'service provider' means a migrant worker who is legally established from another State in which the migrant professional is established to practise in the Netherlands for the purpose of establishing a to carry out the same regulated profession as temporary and occasional services. The temporary and incidental nature of the provision of services shall be assessed on a case by case basis, in particular in the light of the duration, frequency, regularity and continuity of the provision of services.


Article 22. No restrictions on the provision of services

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Without prejudice to Article 23 , 24 , 27 and 28 Do not restrict the professional qualifications of our Minister to a service provider if:

  • (a) the profession, education, or training leading to access to, or exercise of, the profession in the State of establishment concerned is regulated; or

  • (b) the profession or training leading to access to, or exercise of, the profession in one or more of the States concerned is not regulated and the migrant professional during the ten years prior to the provision of services in the Netherlands for at least one year of appeal in one or more of the States concerned.


Article 23. Prior declaration of service provider

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  • 1 Our Minister who may enter into it may require from a provider prior to the first provision of services in the Netherlands a written declaration containing information relating to insurance or similar protection against the financial risks of professional liability.

  • 2 The declaration may be delivered by all means and shall be re-issued by the service provider after one year if he intends to provide temporary and occasional services in the Netherlands for the following year.

  • 3 Our Secretary of State may require that the declaration preceding the first provision of services in the Netherlands be accompanied by the following documents, issued by the competent authority of the relevant State concerned:

    • a. A certificate of the nationality of the provider and, if the definition of a migrant professional, under 2 °, applies, an EU residence permit issued by the Netherlands for long-term residents as referred to in Article 8 Of Directive No 2003 /109/EC of the Council of the European Union of 25 November 2003 on the status of third-country nationals who are long-term residents (PbEU L 016), or an EU residence permit issued by a Member State other than the Netherlands, and an EU Member State residence permit as intended Article 14 of the Aliens Act 2000 , or, if the definition of a migrant professional, under 3 °, applies, a residence card of a family member of a Union citizen or a durable residence card or other means of proof which indicates that the applicant is the right of residence or the right of permanent residence provided for in Chapter III or Chapter IV of this Directive Directive No 2004 /38/EC of the European Parliament and of the Council of the European Union of 29 April 2004 on the right of freedom of movement and residence in the territory of the Member States to the citizens of the Union and their family members (PbEU L 158 and L 229);

    • (b) a certificate that the service provider is legally resident in a State other than the Netherlands to carry out the work in question and that the service provider is neither permanent nor temporary at the time of issue of the certificate. a prohibition on trade is imposed;

    • c. Evidence of professional qualifications;

    • d. for cases specified in Article 22 (b) , proof of professional experience as defined therein;

    • e. for regulated professions in the security sector and the health sector, as well as for regulated professions in the education sector where working with minors, including regulated professions in child care, preschoolers, education and early school education, proof that the service provider has no temporary or permanent ban on trade or has not been criminally convicted, if the Netherlands, too, requires that from its own nationals;

    • f. for regulated professions which have implications for patient safety, a statement indicating that the provider of service has the language knowledge necessary for the performance of the activities in question in the Netherlands.

  • 4 If there has been a substantial change in the situation of the documents referred to in the third paragraph, the service provider shall, within one month, notify the Minister responsible for it, on production of: documents referred to in the third paragraph showing that new situation.

  • 5 If the profession is regulated differently in parts of the territory of the Netherlands, our Minister may, in respect of the professional qualifications of the service provider, be entitled to the supplementary information set out in paragraph 3. requirements if:

    • (a) this regulation applies to all nationals of the Netherlands;

    • These differences in regulation are justified by overriding reasons in the public interest relating to public health or the public safety of the customers of the services; and

    • c. Our Minister, who is in the process of not having any other means to obtain this information.


Article 24. Exemptions

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A provider of services shall be exempt from the requirements applicable to professional professionals established in the Netherlands in respect of:

  • a. The authorisation by a professional organisation;

  • (b) the registration of a professional organisation or a register established by law or by law; or

  • c. The connection to a professional organization.


Article 25. Applicability of professional rules and disciplinary provisions

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  • 1 A provider is covered by the professional rules directly related to professional qualifications and disciplinary provisions applicable in the Netherlands to practitioners of the same profession.

  • 2 For the purposes of application of the disciplinary provisions referred to in paragraph 1, the Secretary of State shall ensure that an automatic temporary registration is provided for in the case of an occupational organisation, or at or under the terms of the contract. (i) law established or connected pro forma to a professional body, in so far as it does not in any way impede or impede the provision of services and does not entail any additional costs for the service provider.

  • 3 Our Secretary of State shall send a copy of the register to the professional organisation concerned or the relevant register or registry established under law. Article 23 of the said certified statement and, where appropriate, its extension, as well as, for actions relating to public health and public safety, as referred to in Article 4 (2), Article 27 , or for which automatic recognition is the subject of Chapter III of Title III of the Directive, or a copy of the Article 23, third paragraph , the documents referred to.

  • 4 The moment of sending copies of the copies referred to in paragraph 3 shall be treated as an automatic temporary registration or a connection pro forma as referred to in the second paragraph.


Article 26. Professional title and title of training

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  • 1 The service provider shall carry out the professional title which he is entitled to in the State of establishment concerned. This title shall be entered in the official language or one of the official languages of the State of establishment concerned.

  • 2 If the title referred to in paragraph 1 does not exist, the service provider shall enter the title of his training in the official language or one of the official languages of the State of establishment concerned.

  • 3 The service provider shall carry out the Dutch professional title:

    • (a) in the case of a regulated profession, for which automatic recognition is subject to the provisions of Chapter III of Title III of the Directive;

    • b. in cases where professional qualifications are required to be granted in accordance with Article 27 have been verified.


Article 27. Public health or public safety control

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  • 1 The Secretary of State may, prior to the first provision of services, check the professional qualifications of the service provider if the service to be carried out is a regulated profession with implications for public health or the public health service. public security and that is placed on a list established by Our Minister under ministerial arrangement.

  • 2 Control shall be authorized only in so far as it is intended to prevent serious damage to the health or safety of the recipient of the provision of services as a result of a non-sufficient professional qualification of the service provider.

  • 3 If the professional qualifications of the service provider differ substantially from the training required in the Netherlands for the admission to, or pursuit of, the regulated profession in question, to the extent that that difference is public health or public safety, and where the service provider cannot compensate it with professional experience or with knowledge acquired in the context of lifelong learning, skills or competencies of a kind used for that purpose by a person who is a member of the public health service or with that objective, The competent authority has been formally validated, offers our Minister, who is responsible for providing the service provider ability to show that he has acquired the lacking knowledge, skills or competencies, through an aptitude test.

  • 4 The first to third paragraphs shall not apply in the case of professional qualifications as referred to in Article 3 (1) of the Treaty. Article 30c .


Article 28. Verification procedure

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  • 1 In case of application of Article 27, first paragraph , decides our Minister, who will enter into it within one month of receipt of the declaration and the documents referred to in Article 23 :

    • (a) not to check the professional qualifications; or

    • (b) having verified the professional qualifications:

      • 1 °. of the service provider giving an aptitude test, as intended Article 27, third paragraph , to be required;

      • 2 °. to permit the provision of services; or

      • 3 °. if the differences between professional activities in the State concerned and the professional activities covered by the profession in the Netherlands are such as to ensure that the requirements of an aptitude test are as set out in the Annex to the Article 27, third paragraph , would be tantamount to following a full education or training programme, to grant partial access to the provision of those professional activities to which the service provider is qualified in the State of establishment in question.

  • 2 Our Secretary of State may suspend the decision-making period referred to in paragraph 1 by giving the applicant notice of the suspension within that period, stating the reason. The period for which suspension may be suspended shall not exceed one month, as appropriate by way of derogation from Article 4:15 of the General Administrative Law . After the expiry of the period of suspension, our Minister shall decide within two months, irrespective of, by way of derogation from Article 4.15 of the General Law governing administrative law, which part shall remain after the period of suspension of suspension. the period of time specified in the first paragraph.

  • 3 Our Minister, who shall decide within one month of the decision referred to in paragraph 1 (b) (1), shall decide, on the basis of the outcome of the aptitude test, on the granting of the provision of services.

  • 5 In the case of application of paragraph 1 (b) (3 °), Article 12 applicable mutatis mutandis.


Article 29. Data for service customers

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Where the service provider is entitled to the professional title of which he is entitled in the State of establishment concerned or the title of his/her training, Article 26, second paragraph The Secretary of State may, for the service provider, require the service provider to provide the following information to the customer of the service:

  • a. Where the service provider is entered in a commercial register or a comparable public register, the register where he is registered and his registration number, or a similar means of identification in that register;

  • b. Where the relevant activity in the relevant State of establishment requires a licence, the name and address of the competent regulatory authority where the activity in question is in place;

  • (c) the professional orders or similar organisations to which the service provider is affiliated;

  • (d) where the service provider carries out an activity subject to turnover tax, the VAT identification number, as referred to in Article 4 (1), Article 2a (g) of the Turnover Tax Act 1968 ;

  • e. data relating to insurance or similar protection against the financial risks of professional liability.


Article 30. Exchange of information on service provider

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  • 1 Our Minister responsible for providing it to a competent authority of a State other than the Netherlands where a migrant professional who is established in the Netherlands is going to provide temporary and occasional services at the request of his or her if the request is duly justified:

    • a. In the event of reasonable doubt, information on the migrant professional relating to the legality of the establishment, good conduct, and the absence of disciplinary action or criminal penalties in respect of the person concerned; occupation;

    • b. information on training courses of the migrant professional to the extent necessary to assess material differences that may damage public health or public safety.

  • (3) Our Minister responsible may request a competent authority from another State of establishment of a provider wishing to supply temporary and occasional services in the Netherlands, provided that duly substantiated reasons are given for:

    • a. In the event of reasonable doubt, information on the provider of services relating to the lawfulness of the establishment, good conduct, and the absence of disciplinary action or criminal penalties in respect of the exercise of the profession;

    • b. Information on training courses of the service provider to the extent necessary to assess material differences that may damage public health or public safety.

  • 4 The provision referred to in paragraph 1 and the request referred to in paragraph 3 shall be made through IMI.

  • 5 If a request as referred to in the third paragraph concerns an appeal which is not regulated in the other State concerned, that request may, instead of being addressed to a competent authority of the other State, be addressed to a Assistance centre as referred to in Article 57b of the Directive of that other State.


Article 30a. Exchange of information related to complaint handling complaint

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  • 1 Our ministers who are in agreement can obtain information among themselves on a provider of services and they provide information among themselves on a provider of services to the extent necessary to deal with a complaint made by a customer of the service provider in the course of the exercise of the profession.

  • The Secretary of State shall supply it to a competent authority of a State other than the Netherlands at the request of the Netherlands and on condition that the request is duly substantiated, information on a provider of services to the extent necessary for the purposes of the handling of a complaint made by a customer concerning the provider of services in the course of the exercise of the profession.

  • 3 Our Secretary of State may request information from a competent authority of a Member State other than the Netherlands on a provider of services to the extent necessary to deal with a complaint made by a customer on the provider of services in the course of the exercise of the profession and provided that the request for information is duly justified.

Chapter 3a. European professional card

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Article 30a *. European professional card-regulated profession

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  • 1 In the case of, or under general management, rules are laid down for a European professional card as provided for in the Directive for an appeal which is regulated in the Netherlands.

  • 2 The rules shall cover, inter alia:

    • a. The procedures for the application and issue of a European professional card;

    • b. the processing of personal data relating to a European professional card issued or the acquisition of a European professional card, including any special personal data relating to Article 4 (e) of the Directive;

    • (c) if the Directive and the provisions based thereon give rise to that, if our Minister who takes notice of the submission in another State of an application for a European professional card for access to or exercise of the profession in the Netherlands, and the applicant has also applied under this law an application for access to, or exercise of, the profession in the Netherlands on the same regulated profession, our minister to it decide not to treat the latter application or to put it out of the market, in Derogation from Article 4: 5 of the General Administrative Law Act ; and

    • (d) if the Directive and the provisions based thereon give rise to that period, that a period for the provision of a decision by way of derogation from Article 4:15 of the General Administrative Law is not suspended.

  • 3 The rules may cover, inter alia, the charge for the applicant for a European professional card of costs relating to that application, provided that the costs incurred by the applicant are reasonable, proportionate and proportionate. proportion to the costs incurred, do not exceed the costs incurred, and do not discourage the making of an application.


Article 30b. European professional card non-regulated occupation

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  • 1 In the case of, or under general management, rules are laid down for a European professional card as provided for in the Directive for an appeal which is not regulated in the Netherlands.

  • 2 The rules may cover, inter alia:

    • a. to what extent and in what manner articles of this Act are applicable mutatis mutandis; and

    • (b) the designation of a competent authority as referred to in Article 3 (1) (d) of the Directive.

  • 3 The second and third members of Article 30a shall be applicable mutatis mutandis.

Chapter 3b. Common training principles

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Article 30c. Automatic recognition of common training principles

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Where the European Commission has adopted common training principles as referred to in Title III, Chapter IIa, of the Directive, and there is no exemption provided for in Articles 49a, fifth paragraph, and 49 (b), fifth paragraph, of the Directive, gives our Minister an automatic recognition of professional qualifications on the basis of those common training principles, subject to rules to be laid down by ministerial rules. Article 33, fourth paragraph , shall apply mutatis mutandis.

Chapter 4. Other provisions

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Article 31. Language knowledge

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  • 1 The migrant professional based on the Chapter 2 or Chapter 3 has obtained recognition of professional qualifications or has been admitted as a service provider, or has obtained a European professional card for the purpose of exercising his profession in the Netherlands, has the language skills required for the exercise of professional qualifications of the relevant regulated profession is required.

  • 2 Our Secretary of State may decide to check the language skills referred to in paragraph 1:

    • a. In regulated professions with implications for patient safety;

    • b. in the other regulated professions, in case of serious and concrete doubt.

  • 3 The language check shall be proportional to the professional activities to be carried out and shall be limited to the knowledge of one official language in the Netherlands.


Article 31a. Warning mechanism in case of an appeal

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  • 1 Our Secretary of State shall inform the competent authorities of all other States concerned of an institution competent in the Netherlands by a court or another body designated by or under the law to a migrant professional. a prohibition or restriction imposed, on a temporary or permanent basis, on the exercise of a profession regulated in the Netherlands. The prohibition imposed or the restriction imposed shall cover:

    • a. A regulated profession as referred to in Article 56a, first paragraph, points (a) to (j) of the Directive;

    • b. A regulated profession that includes occupational activities with implications for patient safety; or

    • c. a regulated profession related to education to minors, child care, pre-school education, and early school education.

  • 2 The notification referred to in paragraph 1 shall be made via IMI and shall take place within three days of the prohibition or restriction being effectively restricted or limited to the exercise of the profession in question. The notification shall only contain the following information:

    • (a) the identity of the relevant migrant professional;

    • (b) the regulated profession concerned;

    • c. the judicial authority or other body competent or competent under the law that has imposed the prohibition or restriction;

    • d. the scope of the restriction or prohibition; and

    • e. the period of time during which the limitation or prohibition is in force.

  • 3 The judicial authorities and other bodies competent in or under the law referred to in paragraph 1 shall transmit to our Minister responsible for the information referred to in the second paragraph. Such provision may also be made by other bodies or persons appointed for that purpose.

  • 4 The competent authorities of the other States concerned shall be informed without delay if a prohibition or restriction as referred to in paragraph 1 ends.

  • 5 The data of a notice referred to in paragraph 1 shall be deleted from the IMI within three days of the termination or termination of the prohibition or restriction.

  • 6 The decision to notify, referred to in the first paragraph, as well as the decision to amend that notification under this Article, shall be a decision as intended Article 1: 3 of the General Administrative Law . Of this Decision, the migrant professional shall be informed in writing at the same time as the notification referred to in the first paragraph or a change to that notification is made. If any objection or appeal is pending against this Decision, our Minister shall communicate it to the competent authorities of the other States concerned, through IMI.

  • 7 In the case of or under general management measures, rules for the implementation of this Article shall be laid down. These rules may include:

    • a. a detailed definition of the actions referred to in paragraph 1 (a) (b) and (c);

    • (b) a further provision which may be prohibited and restrictions on the notification referred to in paragraph 1;

    • c. Rules on the processing of personal data necessary for the application of this Article;

    • (d) rules related to implementing acts adopted by the European Commission pursuant to Article 56a, eighth paragraph, of the Directive.

  • 8 Our Secretary of State may, in connection with the handling of an objection or appeal referred to in paragraph 6, process data relating to the notification in so far as this is necessary for the purpose of such handling.


Article 31b. Warning mechanism when using false professional qualifications

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  • (1) If a migrant professional has been found guilty by a court or another by or under the law competent authority in the Netherlands of the use of false professional qualifications in connection with a proceeding as referred to in Article 1 (2) of the The Chapter 2 , 3 or 3a , shall inform the competent authorities of all the other States concerned, as the Minister concerned.

  • 2 The notification referred to in paragraph 1 shall be made through IMI and shall take place within three days of the decision of the relevant authority.


Article 31c. Incoming warnings from the warning mechanism

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  • 1 The Secretary of State may deal with the warnings which have been received by the competent authorities of other States concerned in the warning mechanism provided for in Article 56a of the Directive.

  • 2 The processing referred to in paragraph 1 may include, inter alia, investigations or the person to whom the warning received has been or has been subject to a procedure under that law, and whether the person on whom the receipt is received has been warning that the Netherlands is working in a regulated profession, and if that is true. Upon request, third parties will provide our Minister with the information necessary for this.

  • 3 The processing, referred to in paragraph 1, may include informing third parties of a warning.

  • 4 Our Secretary of State may request further information on the warning from the competent authority of the State of origin of which the warning originates, including information on the reason for the prohibition or restriction on the the use of false professional qualifications for the purpose of exercising the profession or for being guilty of the use of false professional qualifications.

  • 5 In the case of, or under general management, detailed rules for the processing referred to in paragraph 1 may be laid down.


Article 32. Conduct of academic titles

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  • 1 Without prejudice to: Articles 20 and 26 , the migrant professional shall have the right to use academic titles granted to the migrant professional in the State of origin or provenance concerned, and, where appropriate, the abbreviation thereof, in the language of that State. State involved. Our Minister responsible may prescribe that this title be followed by the name and place of the institution or the examination board which has granted it.

  • 2 If an academic title as referred to in paragraph 1 may be confused with a title for which an additional training is required in the Netherlands which the migrant professional has not followed, our Minister may be prescribe that the migrant professional shall conduct the academic title of the State of origin or provenance concerned in an appropriate form, as indicated by our Minister.


Article 32a. Traineeship

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  • 1 If a migrant professional who holds professional qualifications obtained in the Netherlands has completed an occupational training course in another State concerned and wishes to have access to a regulated profession in the Netherlands for which a professional qualification is professional placement is required by our Minister, who considers it to be the case, if he considers a request for admission to the regulated profession, the professional traineeship pursued in the other State concerned as that required professional placement, provided that the professional traineeship used in the other State concerned is in accordance with Minister for determining policy rules under the third paragraph.

  • (2) If a migrant professional in possession of professional qualifications obtained in the Netherlands has completed an occupational training course in a third country and wishes to have access to a regulated profession for which an occupational traineeship is required, Our Minister, taking into account the professional training period followed in the third country in examining the application for access to the relevant regulated profession.

  • 3 Our Secretary of State shall lay down policy rules for the application of the first and second paragraphs, and for the organisation of the occupational traineeship, in particular concerning the role of the supervisor of the occupational traineeship. In doing so, rules may be laid down to limit the duration of the part of the occupational training period which may be applied in another State or a third country to a reasonable period of time. Article 33, fourth paragraph , shall apply mutatis mutandis.

  • 4 Consider the requirement of a professional traineeship and the taking into account of an occupational traineeship referred to in the first and second paragraphs respectively, does not require a compulsory examination to be made for admission to the profession in question.


Article 33. Detailed rules

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  • 1 In the case of ministerial rules, our Minister, by means of ministerial rules, gives detailed rules on the application for recognition, adaptation period and aptitude test. These rules shall, in any case, relate to the documents to be attached to the application and to the assessment of the adjustment period and the aptitude test.

  • 2 Our Minister for the purpose of providing for a ministerial arrangement by regulated profession shall lay down detailed rules on the declaration and documents referred to in Article 2. Article 23 , the control of public health or public safety, referred to in Article 27 , and the provision of data for service customers, intended to be used in the Article 29 .

  • 3 Our Secretary of State may lay down rules for the charge to the applicant of costs associated with his application, such as taking into account the application, the issuing of decisions and the organisation of a pilot project. of competence and of an adaptation period. The costs to be charged to the applicant are reasonable, proportionate and proportionate to the costs incurred, do not exceed the costs incurred, and do not discourage the making of an application.


Article 34. Exchange of information for assessment of legality

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  • 1 Our Minister responsible for making it to a competent authority of a State other than the Netherlands at the request of the Netherlands and subject to the justification of the request, information on disciplinary action, criminal penalties or other specific serious facts concerning a migrant professional, to the extent necessary for assessing the lawfulness of access to or pursuit of a regulated profession in the context of the Directive.

  • 2 For the purposes of application of paragraph 1, in so far as criminal penalties are concerned, a statement of conduct shall be considered as information on criminal penalties.

  • 3 By way of derogation from Article 33 of the Law and Criminal Justice Act an application for the issue of a declaration of conduct in respect of a migrant professional shall be submitted by a competent authority of a State other than the Netherlands.

  • 5 Our Minister of the European Parliament may request information from a competent authority of a Member State other than the Netherlands on disciplinary measures, criminal penalties or any other serious matter concerning migrant workers. professional practitioners, to the extent necessary for assessing the lawfulness of access to or pursuit of a regulated profession under this Law, and provided that the request for information is duly justified.

  • 6 Our Secretary of State shall provide the information, referred to in the first and second paragraphs, through the IMI.


Article 34a. Agreement for migrant workers and reimbursement of costs

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  • 2 Our Secretary of State for Security and Justice shall inform the migrant professional of the application, referred to in the statement of conduct, of the application. Article 34, third paragraph , and requests his consent to the examination of the application.

  • 3 If the migrant practitioner does not consent, our Minister for Security and Justice shall notify the competent authority of any State other than the Netherlands that has applied for the declaration of conduct.


Article 34b. Informing a migrant professional

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  • 1 Our Minister for Security and Justice shall inform the migrant professional of whom the statement of conduct is requested if he intends to refuse to issue the statement on the conduct of the conduct.

  • 2 Our Minister for Security and Justice shall provide the declaration of conduct or refusal of issue to the migrant professional referred to in the first paragraph.

  • 3 Our Minister for Security and Justice shall inform the competent authority of any State other than the Netherlands as soon as possible of the issue or refusal of the declaration of conduct. Notification of the issuing of the certificate of conduct shall be notified of the content of the declaration of conduct issued on the conduct of the conduct.

  • 4 If the refusal of the declaration of conduct is not yet irrevocable, our Minister for Security and Justice shall inform the competent authority of any State other than the Netherlands.


Article 34c. Electronic procedures

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  • 1 The procedures in the framework of recognition of professional qualifications as referred to in Chapter 2 , temporary and occasional services as referred to in Chapter 3 and the European EPC as intended Chapter 3a , are available by electronic means, via the central location as intended in Article 5 of the Services Act Or through our minister, who is in it.


Article 34d. Assistance Center

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Our Minister of Education, Culture and Science points to an assistance centre as referred to in Article 57b of the Directive and may further define the tasks and powers of the Assier Centre, including tasks and powers regarding the processing of personal data, where the Article 34, first to fourth paragraph and sixth paragraph , 34a and 34b may be applied mutatis mutandis.


Article 35. Registration

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Our Secretary of State shall ensure registration of:

  • a. method of handling applications under this Law and the provisions based thereon, and of the checks, intended to be used in Article 27 ; and

  • (b) the number and types of acts adopted pursuant to this Act and the provisions based thereon, including the types of decisions on partial access which, in accordance with Article 12 have been taken.


Article 36. Delegation

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Our Secretary of State may delegate the tasks and powers he has under this Act, with the exception of the powers to set further rules by ministerial arrangement.

Chapter 5. Change other laws

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Justice

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Article 37

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the AdvocateAct.]

Article 38

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Amendments to the Court's Door WaardersAct.]

Article 39

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modified the Law swearing-in interpreters and translators.]

Article 40

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modified the Law on the Notary Office.]

Article 41

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law of Justice position Judicial Officers.]

Education, Culture and Science

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Article 42

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: The General Law for Recognition of Vocational Training (General Law).]

Article 42a

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Amenes the Education and Vocational Education Act.]

Article 43

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modities the Law on the centres of expertise.]

Article 44

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law on Higher Education and Scientific Research.]

Article 45

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law on Primary Education.]

Article 46

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modified the Information Bank Independence Act.]

Article 47

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law on Secondary Education.]

Traffic and Water State

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Article 48

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modify the Loodsen Act.]

Article 49

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Article 50

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Railway Act.]

Article 51

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Sea Groundcrew Law.]

Public Health, Welfare and Sport

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Article 52

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Popularisation, Regional Planning and the Environment

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Article 53

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Chapter 6. Transitional and final provisions

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Article 54. Transitional duties EC declarations, applications, statements of objection and appeals

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Article 55. Repeal General Laws

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The General law on recognition of EEC-higher education diplomas and the General law on recognition of EC vocational training shall be withdrawn.


Article 56. Entry of

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This Act shall enter into force from the first day after the date of issue of the Official Gazette, in which it shall be placed, except that: Article 42 shall work back up to and including 1 January 2007.


Article 57. Citation Title

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This law is cited as: General law recognition EU professional qualifications.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given at The Hague, 6 December 2007

Beatrix

The Minister of Education, Culture and Science,

R. H. A. Plastrong

Issued the 20th of December 2007

The Minister of Justice,

E. M. H. Hirsch Ballin