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Regulations On The Recognition Of Professional Qualifications From Other Eea Member State On Road Traffic The Site

Original Language Title: Forskrift om godkjenning av yrkeskvalifikasjoner fra annen EØS-stat på vegtrafikklovens område

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Regulations on the recognition of professional qualifications from other EEA Member State on road traffic the area date of-2012-08-06-795 Ministry Ministry of transportation Published in 2012 booklet 10 entry into force 01.09.2012 last edited by-2013-08-16-988 Change applies to Norway Pursuant law-1965-06-18-4-section 13, law-1965-06-18-4-section 19, law-1965-06-18-4-section 19a, law-1965-06-18-4-section 26, law-1965-06-18-4-section 27, law-1965-06-18-4-section 43 Announced at 10.08.2012. 14.30 short title Vocational qualification regulation Chapter overview: Chapter 1. Introductory provisions (sections 1-5) Chapter 2. General scheme for the recognition of professional qualifications from another EEA State (§ § 6-13) Chapter 3. Rules on temporary service performance in Norway (§ § 14-16) Chapter 4. Final provisions (§ § 17-19) legal authority: established by the Directorate 6. August 2012 with the legal authority of the Act 18. June 1965 Nr. 4 of the road traffic (road traffic law) § 13, § 19, section 19a, section 26, section 27 and section 43.
EEA EEA referrals: annex VII No. 1 (Directive 2005/36/EC as amended by Directive 2006/100/EC, Regulation (EC) No 1430/2007, Regulation (EC) No. 755/2008, Regulation (EC) No. 279/2009, Regulation (EC) No. 213/2011 and Regulation (EU) No. 623/2012).
Changes: modified by regulation 16 aug 2013 No. 988. Chapter 1. Initial provisions § 1. Purpose this regulation carries out the obligations imposed by Directive 2005/36/EC. The purpose of these regulations is that all eligible applicants to exercise the law regulated the professions mentioned in section 2 should be able to do this on the same terms as citizens who have acquired their professional qualifications in Norway.

§ 2. Scope this Regulation applies to all EEA nationals who wish to exercise the profession as a traffic teacher, academic Director for traffic school, emergency driver, emergency instructor or teaching responsible at approved course organizer for emergency courses, technical manager at the approved vehicle workshop or control organ for periodic vehicle control and responsible manager at approved fartskriververksted, and who have acquired professional qualifications in another EEA State.

§ 3. Effect of approval applicants who get approved their professional qualifications from other EEA States in line with the rules of this regulation, be given access to the profession on the same conditions as persons having acquired their professional qualifications in Norway.

§ 4. Definitions in this regulation be understood with: a) regulated profession: profession in which it directly or indirectly emerges from the law or regulation requiring specific qualifications.

b) Vocational Qualifications: qualifications confirmed with qualification evidence, competence certificate and/or professional experience.

c) Qualification proof: diplomas, certificates and other evidence issued by an authority in a Member State designated in accordance with the law or regulatory provisions of the Member State concerned and that documents a passing the vocational education that essentially are acquired in the European economic area. Qualification proof issued by the third to be considered as a qualification proof after this regulation if the holder has three years ' professional experience in the profession in question in the Member State which approved the qualification proof.

d) Competence certificate: certificate issued by the competent authority in the home State designated in accordance with the law or regulatory provisions of the Member State concerned, on the basis of 1.
either a training course that do not constitute any part of a certificate or a diploma in relation to level b, c, d or e under section 7, or a specific examination without prior training, or the exercise of the profession on a full-time basis in a Member State for three consecutive years or of equivalent duration on a part-time basis in the course of the last ten years, or 2.
General education from the elementary school or high school, with the qualification that the holder has acquired general knowledge.

e) regulated education: any education that is especially geared towards the exercise of a particular profession and which include one or more courses, possibly complemented with vocational training or with a practical or academic trial. The structure of and the level of the vocational training or the practical or academic trial period is laid down by law or regulation.

f) Third: State outside the European economic area.

§ 5. Application process the application for recognition of professional qualifications should be sent to the region Road Office.
Application for recognition of professional qualifications should include: a) information on what the applicant wants to achieve with the application b) certified copy of the qualification proof c) certified copy of competence certificate d) if any confirmation of work experience.

Region Road Office can require additional documentation and translation of the most important documents if there is a need for it. If applicant can not provide certified copy of the qualification proof, to region Road Office even to confirm the document's authenticity with the competent authority in the State where the skills are acquired.

Chapter 2. General scheme for the recognition of professional qualifications from another EEA State section 6. Criteria for the recognition of professional qualifications from another EEA State Seeking who holds the competence certificate or qualification proof required by another Member State in order to gain access to and be able to exercise the profession as mentioned in section 2 in this Member State, shall be given access to this profession in Norway on the same terms that apply to Norwegian citizens. This applies only if the applicant has competence evidence or qualification evidence: a) is issued by the competent authority in a Member State, designated in accordance with the law or regulatory provisions of the Member State concerned b) confirms a level of professional qualifications at least equivalent to the level immediately below that level as required in Norway.

Seeking that has exercised the profession as mentioned in section 2 full time in two years during the last ten years in another Member State which does not regulate the profession in question allowed it, should be given access to this profession in Norway on the same terms that apply to Norwegian citizens provided that they possess one or more skills testimonials or can produce evidence that: a qualification) is issued by the competent authority in a Member State , appointed in accordance with the law or regulatory provisions of the Member State concerned b) confirms a level of professional qualifications at least equivalent to the level immediately below that level as required in Norway c) confirms that the holder is prepared to exercise that profession.

The second paragraph also applies to applicant with qualification evidence that testify to the law regulated education and training at the qualification levels as is mentioned in section 7 letter b to e from another Member State which does not regulate the profession in question allowed it, even if the applicant has not exercised the profession full time in two of the last ten years.
Region Road Office can attach conditions to the approval, including claims about trial period or aptitude test jf. section 8.

section 7. Qualification levels Qualifications evidence has the following levels: a) level a: certificate/competence certificate that does not meet the requirements of level b to e b) level b: certificate/certificate confirming passing completed secondary education c) level c: exam proof/diploma of education beyond secondary education of at least one year duration d) level d: exam proof/diploma of education beyond secondary education between three and four years ' duration e) level e : exam proof/diploma of education beyond secondary education of at least four years ' duration.

section 8. The settlement measures even if the applicant's professional qualifications satisfy the conditions for the approval of section 6, the region Road Office applicant to carry out the settlement measures in the form of trial period cf. § 10 or aptitude test jf. section 9 If either a) the duration of the training the applicant provide evidence of qualification according to the terms in section 6 is at least one year shorter than that required in Norway, or b) education that the applicant has undergone include significant other disciplines than those covered by the qualification proof in Norway, or c) the law regulated the profession in Norway includes one or more forms of regulated professional activities which do not exist in the corresponding profession in the applicant's home State , and that difference consists in particular education required in Norway and that includes significant other matters than those covered by the applicant's competence certificate or qualification proof.

The applicant to choose between trial and aptitude test. Before the aptitude test or trial period imposed, to assess whether the regional road Office the applicant's professional experience in whole or in part, can settle the differences that exist between the applicant's education and what it takes in Norway.

§ 9. Aptitude test Suitable name was crazy to be delimited by the ven applicant's professional qualifications with a view to assess the applicant's ability to exercise that profession in Norway.
Suitable hot crazy include the ven to qualifications which do not have acquired through their education and professional experience, and that it is essential to have knowledge of to be able to exercise that profession in Norway.
Responsible for the implementation of suitable hot crazy ven to draw up a list of subjects on the basis of a comparison between the education and training required in Norway and the education or the training the applicant has. The sample will include subjects selected from the list, and that it is essential to have knowledge of to be able to exercise that profession in Norway. The test may also include knowledge of the professional rules that apply for the relevant business in Norway.
Aptitude test to be offered a minimum of two times a year.
An applicant can take a maximum of three times the aptitude test.
The cost to take the aptitude test shall not exceed the real cost of implementation and facilitation of the suitable hot crazy ven.

§ 10. Trial period trial carried out by the applicant that the practitioner profession in Norway under the supervision of a qualified practitioner of this profession.

The trial period shall include the qualifications do not have acquired through their education and professional experience, and that it is essential to have knowledge of to be able to exercise that profession in Norway. The length and content of the trial period to be considered concrete of the region Office in each road case from a comparison between the education and training required in Norway and the education or training the applicant has. The trial period can last for a maximum of three years.
Businesses that offer services from people who are in the trial period a duty to inform their customers about this.

section 11. Forskriftens relation to education acquired in Norway an applicant who have acquired professional qualifications in Norway who do not satisfy the eligibility requirements of the person calling in Norway, but as in other EEA Member State has received the approved these professional qualifications, can not use this authentication to achieve other rights in Norway than those he or she would have achieved without this approval. This does not apply if the applicant can prove to have acquired additional professional qualifications in another EEA State.

§ 12. Language requirements It is a requirement that the applicant should have sufficient Norwegian knowledge to be able to carry out their profession in a satisfactory and acceptable way. The employer shall ensure that language skills are sufficient.

section 13. The processing rules to the regional office within the road a month to confirm that the application has been received and inform the applicant of any deficiencies in the application.
Region Road Office shall determine the application as quickly as possible and at the latest within four months after all the necessary documentation is provided.
Region road the Office's decision, or lack of decision, can be appealed to public roads.

Chapter 3. Rules on temporary service performance in Norway section 14. Temporary service performance a viewfinder that is legally established in another EEA Member State with the purpose to exercise a profession as mentioned in section 2 on a temporary and random basis, has the right to exercise the same profession in Norway provided that he or she meets the criteria of these regulations section 14 and section 15. If the profession is not regulated in the country of establishment, they must have exercised the profession there in at least two of the last ten years to have the right to perform temporary services in Norway. The requirement of two years of exercise will not apply when either the profession or the training leading to the profession is regulated.
Region Road Office determines whether the service performance is to be considered as temporarily on the basis of a concrete assessment where the emphasis is on the nature of their duration, frequency, recurrence and continuity.

section 15. Requirements for documentation and message by temporary service performance before a service provider offers services to the person informing the region Road Office about the nature of and duration. The information should be renewed by the service provider for each year the service provider would like to perform the service. The applicant can choose how the information be filed.
The first time the service provided, or if it later is a material change of the conditions discussed in the documents, the service provider shall document a) identity and nationality b) that person is legally established in another EEA Member State for the purpose of exercising the business in question, and that at the time of the issuance is not prohibited for the service provider to practice the profession, either permanent or temporary , and that the right to exercise the profession not lapsed or restricted c) professional qualifications d) to have exercised the appropriate business in at least two of the last ten years if the profession is not regulated in the country service provider has established his business.

section 16. Case management and control of qualifications by temporary service performance Region Road Office can control service yterens professional qualifications before service be performed the first time if this is deemed necessary to avoid serious damage to the service receiver's health or safety as a result of service yterens lack professional qualifications. A control should not go beyond what is necessary for the purpose.
Region Road Office shall within one month after the required documentation is received, inform the service provider about the control of professional qualifications. If the decision is delayed, to educate people about the region Road Office reason for the delay and, if possible, specify when the decision will be released. Decision about the control of occupational qualifications to whatever be the hit within two months after that complete documentation is received by the region Road Office. Service provider that has not received a decision on control of vocational qualifications within two months after the Office has received regional road required documentation, has the right to exercise the profession.
If the check reveals the significant difference between service yterens professional qualifications and the education that is required, the service provider shall be given the opportunity to prove that he or she has obtained the missing knowledge or skills by means of an aptitude test. The service provider shall be given the opportunity to carry out suitable hot crazy ven within a month after it was hit decision about aptitude test.
Suitable hot crazy ven must be passed before the temporary service can be exercised. Region road the Office's decision may be appealed to the public roads.

Chapter 4. Final provisions § 17. Administrative cooperation Region Road Office and the competent authority in the country seeking have acquired their professional qualifications to work closely and give each other mutual assistance in order to facilitate the application of the Directive 2005/36/EC. Region Road Office shall ensure that the information exchanged will be treated confidential.
Region Road Office and the competent authority in the country seeking have acquired their professional qualifications to exchange information regarding disciplinary or criminal sanctions that will hit, or for other serious, specific circumstances, which can have consequences for the practice of the professions that are regulated in this regulation.

§ 18. Complementary rules public roads can provide complementary provisions in accordance with Directive 2005/36/EC, including whether content, organization and conduct of the trial period and the aptitude test.

§ 19. Entry into force these regulations shall enter into force 1. September 2012.