Key Benefits:
Regulation of the Secretary of State for Justice of 9 December 2008, No 5564127/08, laying down detailed rules for the recognition of Community professional qualifications and temporary and incidental provision of services for sworn interpreters and translators (EEC recognition of professional qualifications sworn interpreters and translators)
The Secretary of State for Justice,
Having regard to Article 33 of the General Law on Recognition of Professional Qualifications ;
Decision:
a. Law: The General law on recognition of EU professional qualifications ;
b. administration: the Board of Directors of the Legal Aid Board;
c. application: the application by a migrant professional to obtain recognition of Community professional qualifications referred to in Article 5 of the Act , in relation to one or more source and target languages, as a sworn interpreter or a sworn translator;
ed. applicant: the migrant professional who submits an application;
e. Compensatory measure: an adaptation period or an aptitude test;
f. trainee: the migrant professional who pursues an adaptation period;
g. service provider: the service provider referred to in Article 21 of the Act ;
h. register: the register for sworn interpreters and translators, for the purpose of Article 2 of the Law swearing-in interpreters and translators .
1 The Steering Board shall be mandated and authorised in respect of the powers and acts referred to in the Articles 5 , 6 , 8 , 11 , 12 , 13 , 17 , 18 , 19 , 22 , 23 , 25, second paragraph , 27 , 28 , 29 , 30 , 30a , 31 , 31b , 31c , 32 , 34, second paragraph , 34c , and 35, of the law , including the handling of complaints, deciding on objections and on requests under the scheme. Law open-to-board and the conduct of judicial proceedings.
2 The management shall be authorised, in whole or in part, to the mandate and authorisation provided for in paragraph 1 to one or more of the officials responsible, the Committee sworn in office and the translator or the Complaints Board.
1 The application shall be submitted to the Board of Management, with a clear description of the regulated profession concerned, and indicating the relevant source and target languages, by language combination and by language proficiency.
2 The applicant shall submit the following documents to the Steering Board at the time of application:
a. the documents relating to nationality and residence, as referred to in Article 13, first paragraph, point (a) of the Act ;
b. A copy of the evidence of formal qualifications and attestability:
Certified by the competent authority in the State of origin or origin of which the applicant is entitled, in that State, to access and exercise the regulated profession interpreter or translator or any similar occupation and which also indicates the duration of the training; or
i. Certified by the authority in a third country certifying that the evidence of formal qualifications has been issued and an evidence of evidence, certified by the competent authority in the State of origin or the State in which that competent authority proves that the title of formal qualifications is subject to evidence of formal qualifications has recognised, and that the applicant has acquired at least three years of professional experience in the regulated profession interpreter or translator or similar profession in the territory of that State concerned and from which the duration of the training;
c. A summary of subjects which have been included in the training courses in which evidence of formal qualifications as referred to in subparagraph (b) has been completed and in which the applicant has passed the examination and a description of these subjects. and the corresponding study time;
d. where appropriate, a proof of professional experience, including an understanding of the duration of that professional experience and the parts and content from which the professional activities have been carried;
e. a statement of conduct issued by the competent authority of the State of origin or provenance concerned, or a document corresponding to that declaration, intended Article 14, second paragraph, of the Act , except that the declaration or document is not older than three months at the time of the submission of the application.
3 If the board has rejected an earlier application and in this case, a notice, intended Article 4, first paragraph , has been submitted, the applicant shall also be accompanied by:
a. A statement, intended in Article 5, second paragraph ; or
b. a statement, intended in Article 6, second paragraph .
4 The Steering Board may require the applicant to provide further information on:
a. the nature, content and duration of the training followed by the applicant; and
b. the professional experience of the applicant.
5 The Steering Board may require that the application and the particulars and documents referred to in points (b) to (e) and (4) of the second paragraph, which have been lodged in a language other than the Netherlands, are to be accompanied by sworn translations into English.
1 Taking into account Article 11 of the Act the Steering Board shall inform the applicant of the requirement of a compensatory measure, with a specific duration or content, to be taken.
2 The compensatory measure shall be assessed on the basis of the question of whether the legal competence is sufficiently controlled:
-attitude of an interpreter for the interpreter;
-attitude of a translator for the translator;
-integrity;
-language proficiency in the source and target language,
-knowledge of the culture of the country or region of the source and target language;
-interpretation of the interpreter;
-translation skills for the translator.
1 If the compensatory measure consists of an adaptation period, it shall be accompanied by an interpreter or translator who is entered in the register for sworn interpreters and translators. This interpreter or translator is a trainee conductor and is in charge of the trainee with interpretation or translation work for which no swearing-in is required.
2 Upon completion of the adaptation period, including, where appropriate, additional training, the traineeship provided for in paragraph 1 shall send a written certificate to the trainee.
3 The declaration referred to in paragraph 2 shall be sent within two weeks of completion of the adaptation period and shall consider how the adaptation period, including, where appropriate, additional training, is completed.
4 The applicant may follow more adaptation stages.
1 If the compensatory measure consists of an aptitude test, it shall be made by a body designated by the Steering Board.
2 Upon completion of the aptitude test, the authority referred to in paragraph 1 shall send a written declaration to the applicant.
3 The declaration referred to in paragraph 2 shall be sent within two weeks of the date of application of the aptitude test and shall give a judgment on the manner in which the applicant has taken the aptitude test.
4 The applicant may carry out more tests of competence.
1 The service provider shall, prior to the first provision of services in the Netherlands, make a written declaration to the Steering Board, as provided for in Article 23, first paragraph, of the Act , with an indication of which regulated profession, with the indication of source and target languages, shall be carried out on a temporary and incidental basis.
2 The service provider shall attach to the declaration the documents mentioned in Article 23 (a) (a) to (d) of the Act .
1 The board of directors may check the professional qualifications of the service provider prior to the initial provision of service in relation to public safety, Article 27 of the Act .
2 In case of: Article 27, third paragraph, of the Act , the Board shall provide the service provider with the option of having an aptitude test carried out in accordance with the provisions of the Directive. Article 4, second paragraph , and 6 , to show that he has acquired the lack of knowledge and skills.
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, of the Act has, the board can require that the service provider to the customer of the service provides the data, mentioned in Article 29 (a) to (e) of the Act .
This arrangement shall enter into force on 1 January 2009.
This arrangement is cited as: Recognition of the EU professional qualifications which is sworn in by interpreters and translators.
This arrangement will be set out in the Official Journal.
TheState Secretary
of the European UnionN. Albayrak
