Machine Translation of "Law No. 200 Of 25 May 2004 Concerning The Recognition Of Diplomas And Professional Qualifications For Regulated Professi..." (Romania)

Law No. 200 Of 25 May 2004 Concerning The Recognition Of Diplomas And Professional Qualifications For Regulated Professions From Romania

Original Language Title: LEGE nr. 200 din 25 mai 2004 privind recunoaşterea diplomelor şi calificărilor profesionale pentru profesiile reglementate din România

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LEGE no. 200 200 of 25 May 2004 (* updated *) on the recognition of diplomas and professional qualifications for regulated professions in Romania ((updated until 2 July 2016 *)

ISSUER

PARLIAMENT

---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The provisions of this Law shall apply to any citizen of a Member State of the European Union, hereinafter referred to as the E.U., of the European Economic Area, hereinafter referred to as S.E.E., or of the Swiss Confederation wishing to exercise in Romania, independently or as an employee, a profession regulated by the Romanian law. ---------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. (2) The provisions of this Law shall also apply for the attestation by the competent Romanian authorities of an official Romanian qualification title, possibly completed with a professional experience or with a regulated training, in order to access or the exercise of a regulated profession in a member state of the E.U., of the S.E.E. or in the Swiss Confederation. ---------- Alin. ((2) of art. 1 1 has been amended by section 1 1 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. (3) The provisions of this law do not apply to the professions of doctor, dentist, pharmacist, general medical assistant, midwife, veterinarian and architect, except in the situations provided in par. ((4) and (5) and the activities referred to in Annex no. 1. ---------- Alin. ((3) of art. 1 1 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. (4) The general recognition regime provided for by the provisions of this law shall apply to the professions of doctor, dentist, pharmacist, nurse generalist, midwife, veterinarian and architect, in situations where the applicant does not meet, for a specific and exceptional reason, the conditions for the application of the automatic recognition procedure, as follows: a) for doctors who have a basic training, specialist doctors, general nurses, dentists, specialist dentists, veterinarians, midwives, pharmacists and architects, if the applicant does not meet the conditions of effective and legal professional practice provided by law, in order to benefit from rights won; b) for architects, if the applicant is the holder of a qualification not provided for in the Methodological Norms for the application of Law no. 184/2001 on the organisation and exercise of the profession of architect, approved by Government Decision no. 932/2010 ,, as amended; ---------- Lit. b) a par. ((4) of art. 1 1 has been amended by section 4.2 1 1 of art. unique from LAW no. 74 74 of 28 April 2016 , published in MONITORUL OFFICIAL no. 334 334 of 29 April 2016, which supplements art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 of 31 August 2015, with a new point. c) for doctors, general nurses, dentists, veterinarians, midwives, pharmacists and architects holders of a specialized qualification title, subsequently acquired by the professional training leading to a title of automatically recognised qualification; the general system for the recognition of professional qualifications shall apply without prejudice to the provisions on rights won and exclusively for the purposes of recognition of the specialisation in question; d) for general practitioners and specialized nurses, holders of a specialized qualification title, subsequently acquired by professional training leading to the obtaining of an automatically recognized qualification title, when the applicant wishes to be recognized in Romania, where the professional activities in question are exercised by specialized nurses without professional training of general medical assistant; e) for specialized nurses without professional training of general medical assistant, if the applicant wants to be recognized in Romania, where the professional activities in question are exercised by nurses generalists, specialized nurses without training of general medical assistant or specialized nurses, holders of a specialized qualification title, subsequently acquired to a professional training that leads to obtaining the qualification titles of automatically recognized generalist nurse . --------- Alin. ((4) of art. 1 1 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. (5) The provisions of this law shall apply to the citizens referred to in par. ((1) and where they are holders of a qualification title obtained in the territory of a third State, if the holder or has a professional experience in the profession concerned for 3 years in the territory of the Member State where he has obtained the recognition professional qualifications and wants to exercise in Romania a regulated profession. ---------- Alin. ((5) of art. 1 1 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. (6) The general recognition regime provided for by the provisions of this law shall apply if the conditions laid down in the head are not fulfilled for a specific and exceptional reason. IV ^ 3 for automatic recognition of professional experience. ---------- Alin. ((6) of art. 1 1 has been introduced by section 1 1 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (7) This law lays down rules on partial access to a regulated profession and the recognition of professional traineeships in another Member State. ---------- Alin. ((7) of art. 1 1 has been introduced by section 1 1 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (8) This law applies to all citizens provided in par. ((1) which followed a professional internship outside the home Member State. ---------- Alin. ((8) of art. 1 1 has been introduced by section 1 1 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 2 (1) The regulated professional activity represents the professional activity for which access or exercise in Romania is conditional, directly or indirectly, in accordance with the Romanian legislation in force, the level of vocational training. (2) Professional activities are considered to be regulated by professional activities, if the use of such a title is reserved only for the holders of documents certifying the level of vocational training. (3) The activities carried out by the members of a professional organisation, if the organisation concerned, are also considered to be regulated professional activities: a) has as a fundamental objective the promotion and maintenance of a high level in a particular professional field b) is recognized by the Romanian law in order to achieve this objective; c) issue to its members a document certifying the level of vocational training; d) require its members to comply with rules of professional conduct developed by it; e) give its members the right to use a professional title or its abbreviation and to benefit from a status corresponding to the level of vocational training. + Article 3 (1) The regulated profession represents the activity or the set of professional activities regulated according to the Romanian law, which compose the profession in Romania. (2) The list of regulated professions in Romania is set out in Annex no. 2. (. The competent authority shall mean any authority or court specifically authorized by a Member State to release or receive evidence of formal qualifications or other documents or information, and to receive applications and make decisions in the link to regulated professions in their area of competence. (4) The national coordinator referred to in art. 37 37 shall communicate to the European Commission and to the Member States the list of regulated professions and the competent authorities corresponding to each of the provisions laid down 2 2 and 3, the activities specific to each regulated profession, the list of forms of education and regulated training, as well as the list of professions set out in Annex no. 8 8 for which it provides a special justification based on the points of view transmitted by the competent authorities. The national coordinator shall notify the European Commission, without undue delay, of any changes to those lists. ---------- Alin. ((4) of art. 3 3 has been amended by section 2 2 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (4 ^ 1) The national coordinator provided for in art. 37 notifies, through the Internal Market Information System, hereinafter referred to as IMI, to the European Commission the normative acts adopted in matters of issuing qualifications in the professions of doctor, dentist, pharmacist, assistant medical generalist, midwife, veterinarian and architect; the qualifications of the architect shall be notified to the Member States. The notification shall include information on the duration and content of training programmes ---------- Alin. ((4 ^ 1) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (4 ^ 2) The national coordinator provided for in art. 37 notifies the European Commission, by 18 January 2016, of the measures taken to ensure, by encouraging continuous professional development, that professionals exercising the professions of doctor, dentist, pharmacist, nurse generalist, midwife, veterinarian and architect have the opportunity to update their knowledge, skills and competences to exercise their profession safely and effectively, in step with developments in their professional field. ---------- Alin. ((4 ^ 2) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (4 ^ 3) The national coordinator specified in art. 37 37 and the competent authorities set out in Annex no. 3 examine whether legal requirements restricting open access to a profession or its exercise for the holders of a particular professional qualification, including the use of professional titles and professional activities permitted in the basis of these titles, provided as "requirements", are compatible with the following principles: a) the requirements must not be directly or indirectly discriminatory on the basis of citizenship or residence; b) the requirements must be justified by overriding reasons of general interest, as defined in art. 32 32 para. ((3); c) the requirements must be adequate to ensure that the objective pursued is met and must not go beyond what is necessary to achieve that objective. ---------- Alin. ((4 ^ 3) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (4 ^ 4) By January 18, 2016, the national coordinator, provided in art. 37 37, shall submit to the European Commission information on the requirements it intends to retain and the reasons for which the competent authorities set out in Annex no. 3 considers that those requirements are in accordance with paragraph 1. ((6). The national coordinator shall submit to the European Commission, within six months of the adoption of the measure, information on the requirements which the competent authorities subsequently introduce and the reasons for considering that those requirements are conforming to para. ((3). ---------- Alin. ((4 ^ 4) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ((4 ^ 5) Until January 18, 2016 and then every two years, the national coordinator, provided in art. 37 37, also submits to the Commission a report on the requirements which it has removed or made less stringent. The national coordinator shall, within six months from the date of receipt of the reports from the European Commission, make comments on the reports submitted by the other Member States on the basis of the views received from the competent authorities. from Romania. ---------- Alin. ((4 ^ 5) of art. 3 3 has been introduced by section 3 3 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ((. From the date of accession, the national coordinator shall communicate to the European Commission and to the Member States the list of regulated professions and the competent authorities of each (6) The Romanian competent authorities may participate, with the prior information of the national coordinator, provided in art. 37, when developing a common training framework, at the level of the Member States, which is a common set of knowledge, skills and minimum competences necessary for the exercise of a particular profession. A common training framework carried out at Member State level does not replace national training programmes. For the purpose of access to this profession, the Romanian competent authorities confer to the professional qualifications acquired on the basis of such a framework the same effect on the territory of Romania as the qualification titles issued by the State Roman. A common training framework shall meet the following conditions: a) the common training framework allows more professionals to circulate from one Member State to another; b) the profession to which the common training framework applies or the education and training leading to it shall be regulated in at least one third of all Member States; c) the common set of knowledge, skills and competences combines the knowledge, skills and competences required in education and training systems which apply in at least one third of the Member States; it is irrelevant whether that knowledge, skills and competences have been acquired in a general training course in a university or higher education institution or in a vocational training course; d) the common training framework is based on the levels of the European Qualifications Framework, as defined in Annex II to the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Framework of qualifications for lifelong learning; e) the profession in question is not covered by another common training framework, nor is it the sector regulated professions by the doctor, dentist, pharmacist, nurse generalist, midwife, veterinarian and architect; f) the common training framework has been developed following a transparent procedure, including the involvement of relevant stakeholders in the Member States where the profession is not regulated; g) the common training framework allows nationals of any Member State to be eligible for professional qualification under such a framework without being obliged to be members of a professional organisation first or to be registered with such an organization. Representative professional organisations at Union level as well as national professional organisations or competent authorities of at least one third of the Member States may submit to the Commission suggestions on common training frameworks which satisfy the conditions specified above. ---------- Alin. ((6) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (7) The Romanian competent authorities are exempted from the obligation to introduce on the territory of Romania the common training framework provided in par. ((6) and from the obligation to automatically recognise the professional qualifications acquired under that common training framework when one of the following conditions is met: a) in the national education system no educational or training institutions shall operate to provide such training for the profession in question; b) the introduction of the common training framework would negatively affect the organisation of the national education and training system; c) between the common training framework and compulsory training on the territory of Romania there are substantial differences, which would entail serious risks to public order, public safety, public health or the safety of beneficiaries service or environmental protection. ---------- Alin. ((7) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ((8) Within six months after the entry into force of the delegated act adopted by the European Commission to establish a common training framework for a given profession, the national coordinator, provided for in art. 37, notify the Commission and the other Member States: a) national qualifications and, where applicable, national professional titles which comply with the common training framework; or b) any recourse to the exemption provided in par. ((7), together with a justification as to which of the conditions laid down in par. ((6) have been fulfilled. Within three months, the Commission may request further clarification if it considers that the Romanian competent authorities have not justified or provided insufficient justification for the fulfilment of one of these conditions. The Romanian competent authorities respond to such a request, through the national coordinator, within three months. ---------- Alin. ((8) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (9) The common training framework also applies to the specialisations of a profession, provided that these specialisations concern the professional activities for which access and exercise are regulated in the Member States, when it comes to professions Regulated sector of doctor, dentist, pharmacist, nurse generalist, midwife, veterinarian and architect, who are the subject of automatic recognition, but not the specialization in question. ---------- Alin. ((9) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (10) The Romanian competent authorities may participate, with the prior information of the national coordinator, provided in art. 37, when drawing up a common training test, at the level of the Member States, which is a standardised aptitude test, available in all participating Member States and reserved for holders of a particular professional qualification. Successful in such a test gives the holder of a specific professional qualification the right to exercise the profession in any Member State concerned under the same conditions as the holders of the professional qualifications acquired in that Member State. ---------- Alin. ((10) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (11) The common training test shall meet the following conditions: a) allow more professionals to circulate from one Member State to another; b) the profession to which the common training test applies or the education and training leading to it shall be regulated in at least one third of the Member States; c) has been drawn up following a transparent procedure, including the involvement of relevant stakeholders in the Member States where the profession is not regulated; d) allow nationals of any Member State to participate in this test and the practical organisation of such tests in the Member States without being obliged to be members of a professional organisation or to be registered in such a Member State organization. ---------- Alin. ((11) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (12) Representative professional organisations at Union level as well as national professional organisations or competent authorities of at least one third of the Member States may submit to the Commission suggestions on joint tests of training that meet the conditions specified in par. ((11). ---------- Alin. ((12) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (13) The Romanian competent authorities are exempted from the obligation to organize on the territory of Romania the common training test provided in par. ((11) and from the obligation to automatically recognise professionals who have passed the common training test when one of the following conditions is met: a) the profession in question is not regulated in its territory; b) the content of the common training test does not sufficiently reduce the serious risks to public health or safety of the beneficiaries of the service, which are relevant in its territory c) the content of the common training test would significantly reduce the attractiveness of access to the profession in relation to national ---------- Alin. ((13) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ((14) Within six months of the entry into force of the delegated act adopted by the European Commission in order to establish the content of a common training test, the Romanian competent authorities shall notify the Commission and the other Member States: a) the capacity available for the organisation of such tests; or b) any recourse to the exemption provided in par. ((13), together with the justification as to which of the conditions laid down in that paragraph have been fulfilled. If, within a period of 3 months from the notification, the European Commission requests further clarifications on the non-justification or insufficient justification of the exemption provided for in paragraph 1. (13), the competent Romanian authorities have the obligation to respond to this request within 3 months. ---------- Alin. ((14) of art. 3 3 has been introduced by section 4 4 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ----------- Article 3 has been amended by section 3. 1 1 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, amending section 3 3 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 4 (1) The professional experience represents the actual and legal exercise, full time or partial equivalent, of a profession in a member state of the E.U., of the S.E.E. and in the Swiss Confederation. (. The director of an undertaking shall mean any person who has exercised, in an undertaking in the professional field, one of the following functions: a) the position of director of an undertaking or branch; b) the position of administrator or representative of the shareholder and/or owner or director of an enterprise. In this case the applicant must prove that this function implies a responsibility corresponding to that of the owner or the represented director; c) the function of superior framework with tasks of a commercial and/or technical nature and that it was responsible for one or more services of the enterprise. ---------- Article 4 has been amended by section 4. 5 5 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 5 Regulated vocational training shall mean any training which, in a Member State of the EU, of the S.E.E. or in the Swiss Confederation: ---------- The introductory part of art. 5 5 has been amended by section 4.2 3 3 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. a) is directly oriented towards the exercise of a particular profession and consists of a cycle of higher education studies with a minimum duration of 3 years or with an equivalent duration in non-frequent education, carried out at a university or in the framework of a higher education institution or within the framework of another institution of equivalent level of training and possibly completed with vocational training, professional traineeship or professional practice required in addition to the study cycle higher; structure and level of vocational training, professional internship or practice they must be determined by the laws, regulations or administrative provisions of the Member State concerned or to be subject to scrutiny or consent by the authority designated for that purpose; b) is oriented specifically towards the exercise of a particular profession and consists of a cycle of studies completed possibly with professional training, professional internship or professional practice, whose structure and level are determined by the provisions legislation of the Member State of origin or of origin or subject to a control or approval by a designated authority in accordance with the law of the Member State of origin. + Article 5 ^ 1 (1) Professional qualifications are qualifications attested by: a) a qualification title; b) an attestation of competence certifying a vocational training that is not subject to a certificate or a diploma provided for in art. 8 8, 14 and 15 times of a special examination without prior training or full time exercise of the profession in a Member State for a period of 3 consecutive years or for a period equivalent to the reduced norm over the last 10 years; c) professional experience. (. The qualification shall mean any diploma, certificate and other formal qualification issued by an authority of a Member State designated under the laws, regulations and administrative provisions of that Member State; and certifying professional training obtained predominantly in the European Union. (3) It is assimilated to a qualification title any form of training issued by the authorities of a State other than the Member States, if the holder or possesses a 3-year experience in that profession, acquired in the territory of a Member State, which has recognized the title of qualification, and certified by it. ----------- Article 5 ^ 1 has been introduced by item 1. 4 4 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 5 ^ 2 (1) Common platforms are a set of professional qualifications criteria capable of compensating for significant differences between the training requirements of the different Member States for a given profession. These significant differences shall be identified by comparing the durations and content of the training in at least two thirds of the Member States, including all Member States governing that profession. The differences in the content of the training may result from significant differences in the pursuit of professional activities. (2) Common platforms defined in par. ((1) may be submitted to the European Commission by the Member States or by associations or professional organisations representative at national and European level. ((3) Alin. ((1) and (2) are without prejudice to the competence of the Romanian authorities to establish the professional qualifications necessary for the exercise of professions in their territory, as well as the content and organization of education and training systems. ((. Where the criteria set out in a measure adopted in accordance with paragraph 1, ((2) does not provide the appropriate guarantees with regard to professional qualifications, Romania shall inform the European Commission, where appropriate, of a draft of measures in accordance with the procedure laid down at Community level. --------- Alin. ((4) of art. 5 ^ 2 was amended by section 4.2. 2 2 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, amending section 4 4 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. --------- Article 5 ^ 2 was introduced by the section 4 4 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 6 For the purposes of this Law, the Member State shall mean any Member State of the EU, other Member States of the S.E.E. and the Swiss Confederation. ---------- Article 6 has been amended by section 6. 4 4 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. + Chapter II Recognition of higher education diplomas awarded for a training period of at least 3 years + Article 7 The provisions of this chapter apply to any citizen of a member state of the E.U., of the S.E.E. or of the Swiss Confederation who wishes to exercise in Romania, independently or as an employee, a regulated profession that requires a degree of higher education with a duration of at least 3 years. ---------- Article 7 has been amended by section 7. 5 5 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. + Article 8 (1) Diploma, within the meaning of art. 7, shall mean any document or assembly of documents attesting the level of preparation, which: a) has been issued by a competent authority of a member state of the E.U., of the S.E.E. or of the Swiss Confederation; ---------- Lit. a) a par. ((1) of art. 8 8 has been amended by section 4.2 6 6 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. b) certify that the holder has successfully completed a cycle of post-secondary education with a duration of at least three years and no more than four years or with a duration equivalent to partial frequency, which can be expressed in addition by an equivalent number of ECTS credits, at a university or higher education institution or other equivalent level institution, as well as, where appropriate, the successful completion of the necessary vocational training in addition to that cycle of post-secondary education; ---------- Lit. b) para. ((1) of art. 8 8 has been amended by section 4.2 6 6 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. b ^ 1) certifies that the holder has successfully completed a cycle of post-secondary studies lasting at least four years or with a duration equivalent to partial frequency, which can additionally be expressed by an equivalent number of ECTS credits in the framework of a university or a higher education institution or other equivalent level institution and, where appropriate, that it has completed the necessary vocational training in addition to that post-secondary school cycle. ---------- Lit. b ^ 1) para. ((1) of art. 8 8 was introduced by section 4.2. 7 7 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. c) attest to the fact that the holder has the professional qualification necessary to accede to a regulated profession or to exercise it in the Member State of origin or of the origin, if the preparation attested by the provided documents was obtained with preponderance in the E.U., in the S.E.E. or in the Swiss Confederation or if the holder of such documents has a professional experience of at least 3 years, attested by a Member State that recognized its title issued by a third State. ---------- Lit. c) a par. ((1) of art. 8 8 has been amended by section 4.2 6 6 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. (2) Any documents awarded by a competent authority of a Member State shall also be considered as diplomas, if they relate to training acquired within the EU, S.E.E. or the Swiss Confederation and recognised by the competent authority. of that Member State as having a level equivalent to that referred to in paragraph 1 ((1) and only if they confer the same rights of access to a regulated profession or to pursue it in the Member State of origin or the Member State of origin. ---------- Alin. ((2) of art. 8 8 has been amended by section 6 6 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. + Article 9 (1) In order to access a regulated profession or to exercise it in Romania, they are recognized, as the diplomas provided in art. 8 issued in Romania, the diplomas provided in art. 8 8 obtained in a Member State which entitles the holder to exercise the same profession in the Member State of origin or the Member State of origin. (2) In order to access a regulated profession or to exercise it in Romania, they are also recognized as the diplomas provided in art. 8 issued in Romania, all diplomas regulated in art. 14 14 issued in a Member State which entitles the holder to exercise that profession in that Member State. This provision does not apply if access to a regulated profession or its exercise is subject, in Romania, to the completion of a cycle of higher education studies with a duration of more than 4 years. ((3) The right to accede to a regulated profession or to exercise it in Romania cannot be prohibited if the applicant proves that he has exercised this profession full-time for 2 years in the last 10 years in a Member State where that profession is not regulated, if it holds one or more professional qualifications, within the meaning of art. 8 8 para. ((1) lit. b) granted by a competent authority of a Member State which attests that it has been prepared for the exercise of that profession. (4) By exception to the provisions of par. (3), the competent Romanian authority cannot ask the applicant to provide proof of the 2 years of professional experience if the title held by the applicant testifies to a regulated training within the meaning of art. 5 lit. a). + Article 10 Repealed. ---------- Article 10 has been repealed by point (a) 5 5 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 11 (1) The competent Romanian authority may ask the applicant, at its choice, to take an adaptation period not exceeding 3 years or to take a test of aptitude, in the following cases: a) the training that the applicant followed covers disciplines significantly different from those included in the required qualification title in Romania. The significantly different disciplines represent the disciplines whose knowledge, skills and competences acquired are essential for the exercise of the profession and in the case of which the training followed by the professional in one of the states provided in art. 1 1 para. (1) presents important differences, in terms of content, in relation to the necessary training in Romania. b) the regulated profession in Romania includes one or more regulated professional activities that do not exist in the similar profession in the applicant's home Member State, and the training that is required in Romania includes disciplines significantly different from those contained in the attestation of competence or the qualification title that the applicant possesses. ((. Where the competent authorities envisage requiring the applicant to complete an adaptation period or to promote an aptitude test as defined in art. 26, must verify in advance, ensuring compliance with the principle of proportionality, if the knowledge, skills and competences acquired by the applicant in the course of his professional experience or lifelong learning, formally validated for this purpose by a relevant body, in any Member State or in a third country are likely to cover, in whole or in part, the significantly different disciplines defined in paragraph 1. ((1). Lifelong learning is all forms of general education, vocational education and training, non-formal education and informal learning followed throughout life, resulting in an improvement in knowledge, skills and competences, which can include professional ethics. (3) By exception to the principle of the applicant's right to choose, as provided in par. ((1), the Romanian competent authorities may have either an adaptation period or an aptitude test, if: a) the holder of a professional qualification provided in art. 16 requests the recognition of his professional qualifications if the required national professional qualification is classified in art. 14 14 para. ((1); b) the holder of a professional qualification provided in art. 15 15 para. ((1) requests the recognition of his professional qualifications if the required national professional qualification is classified in art. 8 8 and art. 9 9; c) for the situations provided in art. 1 1 para. ((4) lit. a) and b); d) for doctors and dentists in the situation provided in art. 1 1 para. ((4) lit. c); e) for specialized nurses referred to in art. 1 1 para. ((4) lit. e), if the applicant wishes to obtain the recognition of qualifications in Romania, where the professional activities in question are exercised by general nurses or specialized assistants, holders of a qualification title specialized, which have followed a training leading to the possession of automatically recognized qualifying titles; f) for persons in the situation referred to in art. 1 1 para. ((5). (4) In the case of the holder of a professional qualification provided in art. 16 16 requesting the recognition of his professional qualifications if the required national professional qualification is classified in art. 8, the competent authorities may impose both an adaptation period and an aptitude test. ((5) The decision to impose an adaptation period or an aptitude test shall be duly substantiated. The applicant shall be provided with the following information a) the level of professional qualification required in Romania and the level of professional qualification held by the applicant in accordance with the classification established in art. 8 8, art. 14 14, art. 15 15 para. ((1) and art. 16 16; and b) the significant differences provided in par. ((1) lit. a) and the reasons for which those differences cannot be compensated by knowledge, skills and competences acquired in the course of his professional experience or through lifelong learning, formally validated for this purpose by a relevant body. (6) Probe of skills provided in par. ((1) shall be held no later than 6 months after the initial decision on the obligation of an aptitude test for the applicant. ---------- Article 11 has been amended by section 1. 8 8 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 11 ^ 1 Repealed. ---------- Article 11 ^ 1 has been repealed by point (a). 9 9 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 12 (1) The competent Romanian authority cannot, under any circumstances, apply cumulatively the requirements laid down in art. 10 10 and 11. ((. Without prejudice to the provisions of art. 10 and 11, the competent Romanian authority may allow the applicant, in order to improve its possibilities for adaptation to the professional environment, to follow, with the status of equivalence, that part of the vocational training constituted by a practice professional, carried out with the assistance of qualified staff, which he did not follow in the Member State of origin or provenance. + Article 12 ^ 1 Assessment of language knowledge is not part of the recognition procedure. --------- Article 12 ^ 1 was introduced by item 1. 3 3 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, which supplements art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007, with point 10 10 ^ 1. + Chapter III Recognition of other professional forms + Section 1 + Article 13 The provisions of this Chapter shall apply to any citizen of a Member State of the E.U., of the S.E.E. or of the Swiss Confederation wishing to exercise in Romania, independently or as an employee, a regulated profession for which it is requested possession of a diploma, certificate or attestation of competence. ---------- Article 13 has been amended by section 1. 7 7 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. + Article 14 ((1) The diploma shall mean any document or assembly of documents attesting the level of training, which shall: a) has been granted by a competent authority of a Member State; b) certify that the holder has concluded: -or a cycle of post-secondary education, lasting at least one year, but not more than 3 years, or with an equivalent duration in non-frequent education, for which one of the conditions of admission involves the conclusion of a cycle of high school studies necessary to access university or higher education, through vocational training, in addition to the post-secondary education cycle, if such a requirement is provided for in the Member State of origin or provenance; -a cycle of regulated education and training or, in the case of regulated professions, a vocational training cycle with a special structure, with competences exceeding what is ensured by the certificate provided by art. 15 15 para. ((1) lit. b) equivalent to the level of training referred to in the first subparagraph where such training confers a comparable professional standard and prepares the person formed for a comparable level of responsibilities and functions, provided that the diploma is accompanied by a certificate from the home Member State. ---------- The second indent of lit. b) a par. ((1) of art. 14 14 has been amended by section 10 10 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. c) attest to the fact that the holder has the professional qualification necessary to accede to a regulated profession or to exercise it in the Member State of origin or of the origin, if the professional training attested by such documents was obtained predominantly in the E.U., in the S.E.E. or in the Swiss Confederation or outside the space of the E.U., of the S.E.E. or of the Swiss Confederation, but in educational establishments that provide vocational training in accordance with the legislation of a state member, or if the holder of such documents has a professional experience of at least 3 years, attested by a Member State which recognised its title issued by a third State. ---------- Lit. c) a par. ((1) of art. 14 14 has been amended by section 4.2 8 8 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. ((. For the purposes of this Article, any documents issued by a competent authority of a Member State shall be considered as diplomas, if they relate to a vocational training acquired within the EU, the S.E.E. or the Swiss Confederation, recognised by the competent authority of that Member State as having a level equivalent to those referred to in paragraph 1 ((1) and confer the same rights of access to a regulated profession or its exercise in the Member State of origin or the Member State of origin. ---------- Alin. ((2) of art. 14 14 has been amended by section 8 8 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. + Article 15 (1) The certificate is a document or a set of documents attesting the level of training, which: a) has been granted by a competent authority of a member state of the E.U., of the S.E.E. or of the Swiss Confederation; ---------- Lit. a) a par. ((1) of art. 15 15 has been amended by section 4.2 9 9 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. b) certify that the holder, after having completed a cycle of secondary or high school studies or a cycle of secondary or secondary education of a technical or professional nature, has concluded: either a vocational training cycle, other than the one to which he/she refer art. 14 14 para. ((1) lit. b), carried out in an educational establishment and/or in an undertaking, covering, in addition, an internship or a period of professional practice, if such a requirement is provided in the Member State concerned, either an internship or a period of professional practice; c) attest to the fact that the holder has the professional qualification necessary to accede to a regulated profession or to exercise it in the Member State of origin or of the origin, if the professional training attested by such documents was obtained predominantly in the E.U., in the S.E.E. or in the Swiss Confederation or outside the space of the E.U., of the S.E.E. or of the Swiss Confederation, but in educational establishments that provide vocational training in accordance with the legislation of a state member, or if the holder of such documents has a professional experience of at least 2 years, attested by a Member State which recognised its title issued by a third State. ---------- Lit. c) a par. ((1) of art. 15 15 has been amended by section 4.2 9 9 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. ((. For the purposes of this Article, any documents granted by a competent authority of a Member State, if they relate to professional training acquired within the EU, of the S.E.E. or of the Swiss Confederation, shall be deemed to be certified. recognised by the competent authority of that Member State as having a level equivalent to those referred to in paragraph 1 ((1) and only if they confer the same rights of access to a regulated profession or to pursue it in the Member State of origin or the Member State of origin. ---------- Alin. ((2) of art. 15 15 has been amended by section 9 9 of art. unique from LAW no. 9 9 of 1 March 2011 , published in MONITORUL OFFICIAL no. 159 159 of 4 March 2011. + Article 16 The attestation of competence is any document that: a) certifies vocational training, which is not part of those provided in art. 8 8, 14 and 15; or b) it is granted by a competent authority of a Member State on the basis of an assessment of the personal qualities, skills or knowledge of the holder, which is considered essential for the exercise of a profession, without requiring proof of a preparation or prior professional training; or c) attest to the full-time exercise of the profession for 3 consecutive years or in an equivalent, part-time time period, for 10 consecutive years; or d) certify a general training acquired at the level of primary or secondary education, stating that the holder of this training possesses general knowledge. ---------- Article 16 has been amended by section 4. 11 11 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 17 ((1) Recognition of professional qualifications by competent authorities allows beneficiaries to access, in Romania, the same profession, professional activity such as that for which they are qualified in the home Member State and to an exercise under the same conditions as Romanian citizens. (2) By exception to the provisions of par. (1), access to a regulated profession in Romania is granted under the conditions provided in art. 32 32 ^ 1. ---------- Article 17 has been amended by section 6.6. 11 11 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Section 2 Recognition if in Romania it is requested to hold a diploma within the meaning of art. 14 + Article 18 The right to access a regulated profession or to exercise it in Romania, for which it is requested to hold a diploma within the meaning of art. 14, cannot be prohibited if: a) the applicant holds a diploma within the meaning of art 8, issued in a Member State, which allows it to accede or to exercise that profession in the Member State of origin or the Member State of origin; b) the applicant possesses a diploma within the meaning of 14, issued by a Member State, which allows it to accede or to exercise that profession in the Member State of origin or the Member State of origin; c) the applicant who has exercised that profession full time for one year or the equivalent period of time in the ten years preceding in another Member State which does not govern that profession and which holds one or more attested by the competent authority or qualifications issued by another Member State which does not govern that profession. Certificates of competence or qualifications shall meet the following conditions: 1. have been issued by a competent authority of a Member State, designated in accordance with the laws, regulations and administrative provisions of that Member State; 2. attests to the preparation of the holder for the exercise of the The one-year professional experience referred to in the first subparagraph shall not be required where the qualifications held by the applicant provide proof of regulated education and training. ---------- Lit. c) of art. 18 18 has been amended by section 4.2 2 2 of art. unique from LAW no. 74 74 of 28 April 2016 , published in MONITORUL OFFICIAL no. 334 334 of 29 April 2016, amending section 12 12 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. d) repealed; ---------- Lit. d) of art. 18 18 has been repealed by section 6.6. 13 13 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 19 (1) If the duration of the applicant's professional training is shorter by at least one year than the one required in Romania, the provisions of art. 10 10 shall apply accordingly. ((. The provisions of this Article shall not apply to the professions set out in Annex no. 5. + Article 20 (1) The competent Romanian authority may ask the applicant, at its choice, to undertake an adaptation period not exceeding 3 years or to give an aptitude test in the following cases: a) if the training of the applicant concerns substantially different theoretical and/or practical fields than those required in Romania for obtaining a diploma within the meaning of art. 8 8 or a diploma within the meaning of art. 14, necessary to practice that profession; b) if that profession includes in Romania the exercise of one or more professional activities not found within the same profession in the Member State of origin or of the applicant's origin and the difference corresponds to a formation specific requirements in Romania and cover theoretical and/or practical fields that differ substantially from those covered by the diploma held by the applicant. ((2) If the competent Romanian authority is to ask the applicant to undertake an adaptation period or to pass a proficiency test, he must first check whether the knowledge acquired by the applicant during the experience its professional covers, in whole or in part, the substantial difference provided in par ((1). + Article 21 The competent Romanian authority cannot, under any circumstances, apply cumulatively the requirements laid down in art. 19 19 and 20. + Section 3 Recognition if in Romania it is requested to hold a diploma within the meaning of art. 14, and the applicant holds a corresponding certificate or training title + Article 22 (1) The right to accede to a regulated profession or to exercise it in Romania, for which it is requested to hold a diploma within the meaning of art. 14, cannot be prohibited if: a) the applicant possesses a certificate within the meaning of 15, issued by a Member State, which allows it access to that regulated profession or to its exercise in the Member State; b) the applicant who has exercised that profession full time for one year or the equivalent period of time in the ten years preceding in another Member State which does not govern that profession and which hold one or more attested by the competent authority or qualifications issued by another Member State which does not govern that profession. Certificates of competence or qualifications shall meet the following conditions: 1. have been issued by a competent authority of a Member State, designated in accordance with the laws, regulations and administrative provisions of that Member State; 2. attests to the preparation of the holder for the exercise of the The one-year professional experience shall not be required where the qualifications held by the applicant provide proof of regulated education and training. ---------- Lit. b) a par. ((1) of art. 22 22 has been amended by section 4.2 14 14 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ((2) Abrogat. ---------- Alin. ((2) of art. 22 22 has been repealed by section 6.6. 15 15 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (3) The Romanian competent authority may, however, ask the applicant, at its choice, to undertake an adaptation period of no more than 3 years or to submit to an aptitude test. (4) If the competent Romanian authority intends to require the applicant to undertake an adaptation period or to pass an aptitude test, it must first check whether the knowledge acquired by the applicant during the experience its professional covers, in whole or in part, the substantial difference between diploma and certificate. + Section 4 Recognition if a certificate is required in Romania + Article 23 (1) The right to accede to a regulated profession or to exercise it in Romania, for which the holding of an appropriate training title is requested, cannot be prohibited if one of the following cases occurs: a) the applicant possesses a diploma within the meaning of 8, a diploma within the meaning of art 14 14 or a certificate within the meaning of Article 15, issued by a competent authority of a Member State, designated in accordance with the laws, regulations and administrative provisions of that Member State, which enable it to accede to that profession in the Member State respectively; b) applicants who have exercised that profession full time for one year, or the overall duration equivalent to the reduced norm in the ten years preceding in another Member State which does not regulate that profession and which hold one or more many attestations of competence or qualifications issued by another Member State which do not govern that profession. Certificates of competence or qualifications shall meet the following conditions: ((i) have been issued by a competent authority of a Member State, designated in accordance with the laws, regulations and administrative provisions of that Member State; ((ii) attest to the preparation of the holder for the exercise of the profession The one-year professional experience shall not be required where the qualifications held by the applicant provide proof of regulated education and training. (2) The Romanian competent authorities accept the attested level for the diplomas provided by art. 8 8 and art. 14 or for the certificates provided by art. 15 15 issued by the Member State of origin and the certificate by which the Member State of origin certifies that the education and the regulated training or vocational training with a special structure provided for in art. 14 14 para. ((1) lit. c) the second subparagraph is equivalent to the level provided for in 14 14 para. ((1) lit. c) first subparagraph. (3) By exception to the provisions of par. ((1) and (2) and art. 11, the Romanian competent authorities may refuse access to the profession and its exercise to the holders of an attestation of competence provided in art. 16 when access to a regulated profession or its exercise is subject, in Romania, to the completion of a cycle of university education with a duration of more than 3 years. ---------- Article 23 has been amended by section 6.6. 16 16 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Section 5-a Other Qualifications + Article 24 (1) The right to accede to a regulated profession or to exercise it in Romania, for which the possession of an attestation of competence is requested, cannot be prohibited if: a) the applicant possesses an attestation of competence issued by a Member State, which allows him access to that profession or to exercise it in the Member State and provides the guarantees equivalent to those required by the Romanian law for practising the profession, in particular in the field of health, safety, environmental protection and consumer protection; b) the applicant shall provide proof of qualifications acquired in a Member State for the practice of that profession and provide guarantees equivalent to those required by the Romanian law for the practice of the profession, in particular in the field of health, safety, environmental protection and consumer protection. (2) If in Romania access to a regulated profession or its exercise is conditional only on the possession of a document certifying education and confirms a general training at the level of primary, secondary or high school education, the authority competence cannot refuse to a citizen of a Member State, on the grounds of inadequate qualifications, access to that profession or exercise under the same conditions as Romanian citizens, if the applicant possesses official level qualifications correspondent granted in a Member State. (3) If the applicant does not possess the certificate of competence or qualifications provided in par. (1), the provisions of the Romanian law governing that profession will apply. + Article 24 ^ 1 (1) It is considered a qualification title provided for in art. 8 8, 14, 15 and 16, including as regards the level in question, any qualification or ensemble of qualifications which has been issued by a competent authority of a Member State, which attests to the completion of a training within the Union, with the full or partial frequency, within or outside the formal programmes, recognised by that Member State as having an equivalent level and giving the holder the same rights of access to a profession or to exercise it or which preparing for the exercise of that profession. The Romanian competent authorities accept the attested level pursuant to art. 8 8, 14, 15 and 16 by the Member State of origin, as well as the certificate by which the Member State of origin attests that the regulated education and training or vocational training with a special structure provided for in art. 14 14 para. ((1) lit. b) the second indent is equivalent to the level referred to in 14 14 para. ((1) first indent. ---------- Alin. ((1) of art. 24 ^ 1 has been amended by section 4.2 17 17 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (2) It is assimilated to the qualification title, under the same conditions as those provided in par. ((1), any professional qualification which, without fulfilling the requirements laid down by the laws, regulations or administrative provisions of the Member State of origin for access to a profession or for the pursuit of a profession, confers on the holder or rights earned under those provisions. In particular, where the Member State of origin raises the level of training required to have access to a profession or to exercise it, and a person who has undergone previous training, who does not meet the requirements of the new qualification, benefit from the rights gained under the laws, regulations and administrative provisions, the previous training shall be considered by the competent Romanian authorities corresponding to the level of the new training in the Member State of origin. ---------- Art. 24 ^ 1 was introduced by item 1. 13 13 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Chapter IV Common provisions and procedures + Article 25 (1) The adaptation period consists in the exercise of a regulated profession in Romania, accompanied, possibly, by complementary vocational training, under the supervision of a qualified member in that profession; the internship is subject to an assessment. (2) The modalities of the performance and evaluation of the adaptation period shall be determined by the competent Romanian authority set out in Annex no. 3, however, which must take into account the professional experience of the applicant. (3) During the adaptation period the applicant has all the rights and obligations provided by the Romanian law and the professional status for the other members of that profession, including the right to receive a remuneration corresponding to the activity deployed. (4) During this internship the nurse is guaranteed to the applicant in accordance with the Romanian national health insurance system. (5) When for certain professional activities, exercised in the adaptation period, the national health insurance system, the professional organization or the appropriate institution shall not apply the measures necessary to allows the applicant to have access during the period of adaptation to health care to which the other members of the profession are entitled. + Article 26 (1) The aptitude test consists of a test to verify the applicant's knowledge, skills and professional skills, carried out or recognised by the competent authorities for the purposes of assessing the applicant's fitness to exercise the regulated profession concerned. In order to allow this evidence to be organised, the competent authorities shall draw up a list of disciplines which, on the basis of a comparison between education and training imposed in Romania and those which the applicant has followed, are not certified by the diploma or other the qualifications of the applicant. (. The aptitude test shall take into account the fact that the applicant is a qualified professional in the Member State of origin or the Member State of origin. It concerns selected disciplines between those listed and the knowledge of which is essential for the exercise of the profession in question in the host Member State. The sample may also concern the knowledge of the deontological norms that apply to those activities in Romania. ---------- Article 26 has been amended by section 6.6. 18 18 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 26 ^ 1 (1) If access to a regulated profession is subject to a professional internship, the competent authority shall recognise the professional internships carried out in another Member State, when considering an application for the authorisation of the exercise regulated profession provided that the internship is in accordance with the published guidelines provided for in art. IV and take into account professional internships performed in a third country. The competent authorities may, in national law, establish a reasonable limit on the duration of the part of the professional internship which may be carried out abroad. (2) The professional internship is a period of professional practice carried out under supervision, if it is a condition of access to a regulated profession, which may take place during or after completion of an education cycle with getting a degree. ((3) The recognition of the professional internship does not replace any requirement established for the promotion of an examination in order to obtain access to the profession concerned. ---------- Art. 26 ^ 1 was introduced by item 19 19 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 27 (1) If, in Romania, access to a regulated profession requires the applicant's fulfilment of certain conditions of honorability and/or morality, access to that profession or its exercise is forbidden to the bankrupt fraudulent, to the person who committed a crime or a serious professional mistake, the competent Romanian authority asking the applicant, a citizen of a Member State, to prove the fulfilment of these conditions. (2) In these situations, the competent Romanian authority accepts as sufficient proof for the fulfilment of the conditions provided in par. (1) the submission by the applicant of the documents issued for that purpose by the competent authorities of the Member State of origin or of its origin. ((. If the competent authorities of the Member State of origin or the Member State of origin do not issue these documents, they shall be replaced by an affidavit or, if such a legal institution does not exist, by a solemn declaration, certified, made by the applicant before a competent authority of the Member State of origin or the Member State of origin + Article 28 (1) If in Romania access to a regulated profession or its exercise is subject to the presentation of a document attesting to the physical and mental health of the applicant, the competent Romanian authority shall accept as sufficient evidence the presentation of the equivalent document, requested in the Member State of origin or of the Member State of origin for access to that profession or (2) If in the Member State of origin or of the origin the access to that profession or to its exercise is not subject to the fulfilment of the obligations provided in par. (1), the competent Romanian authority shall accept the submission of a document containing similar content to the one required in Romania, issued by a competent authority of the Member State of origin or of the + Article 29 When, in Romania, in order to access a regulated profession or to exercise it, the financial capacity must be proven, the competent Romanian authority considers the attestations issued by the banks of the home Member State or of provenance equivalent to those released on its own territory. + Article 30 When the competent Romanian authority asks Romanian citizens, for access to a regulated profession or for its exercise, proof that they are covered by insurance against the financial consequences of their responsibility professional, the competent Romanian authority accepts the attestations issued by the insurance bodies of the other Member States as equivalent to those issued on its own territory. These attestations must state that the insurer has complied with the legal provisions and regulations in force in Romania regarding the modalities and extent of the guarantee. + Article 30 ^ 1 (1) Persons who benefit from the recognition of professional qualifications must have the knowledge of Romanian language necessary for the exercise of the profession in Romania. (2) The control of compliance with the obligation provided in (1) carried out by the competent authorities or under their supervision shall be limited to the knowledge of the ((3) In the case of regulated professions involving patient safety, set out in Annex no. 8 8, checks carried out in accordance with paragraph 1 may be imposed. ((2). Checks may be imposed in relation to other professions where there are serious and concrete doubts about the degree of knowledge of the language by the professional in relation to the professional activities he intends to carry out. Checks may be carried out only after the issuance of a European Professional Card or after the recognition of a professional qualification, as applicable (4) Any language control shall be proportionate to the work to be carried out. The professional concerned shall have the right to appeal against such control actions under national law. ---------- Article 30 ^ 1 has been amended by section 1. 20 20 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 30 ^ 2 Assessment of language knowledge is not part of the recognition procedure. --------- Article 30 ^ 2 has been introduced by item 4 4 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, amending section 14 14 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 31 The competent Romanian authority accepts the documents provided in art. 27 27, 28 and 30 only if the applicant presents certified copies and their authorized translations within 3 months from the date of their release. + Article 32 If, in Romania, access to a regulated profession or its exercise is subject to the lodging of a solemn oath or declaration, the formula of which cannot be used by a citizen of a Member State, the authority the competent Romanian has the necessary measures for the applicant to take such an oath or declaration in an appropriate and equivalent form. + Article 32 ^ 1 (1) The competent authorities shall grant partial access, on a case-by-case basis, to a professional activity on the territory of Romania, only if all the following conditions are met: a) the professional is fully qualified to exercise in the home Member State the professional activity for which he requests partial access to Romania; b) the differences as such between the professional activity legally exercised in the home Member State and the regulated profession in Romania are so large that the application of compensation measures would mean requiring the applicant to follow the whole education and training program required in Romania to have full access to the regulated profession in Romania; c) professional activity can be objectively separated from other activities entering the regulated profession in Romania. The competent authority shall take into account the situation in which professional activity may be undertaken autonomously in the home Member State. (. partial access may be rejected if such refusal is justified by overriding reasons of general interest, it is necessary to ensure that the objective pursued is attained and does not go beyond what is necessary in order to achieve that objective. (3) The imperative grounds of general interest are the grounds recognised as such in the case-law of the Court of Justice of the European ((. Applications for the establishment and applications for temporary and occasional provision of services in the host Member State relating to professional activities which have public health or safety implications shall be examined in accordance with the with the provisions of this law (5) As a result of partial access, professional activity shall be exercised under the professional title of the home Member State. The competent authorities may require the use of that professional title in Romanian. Professionals who have been granted partial access clearly point to the beneficiaries of the services of their professional activities. ---------- Art. 32 ^ 1 was introduced by item 21 21 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 33 (1) If the applicant fulfils the conditions of access to a regulated profession or to exercise it in Romania, the competent Romanian authority shall grant: a) the right to use the professional title granted in Romania corresponding to this profession, as well as its abbreviation in Romanian; ---------- Lit. a) a par. ((1) of art. 33 33 has been amended by section 4.2 15 15 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. b) the right to use the title conferred by the document certifying the training of the applicant in the Member State of origin or the Member State of origin and the abbreviation thereof in the In this title, at least the name and place of the institution or authority that conferred it shall appear. ((2) If the profession is regulated in Romania by a professional organization that grants its members a professional title, the applicant, a citizen of a Member State, cannot use this title unless it proves its membership in the that professional organization. + Article 34 (1) In order to verify the fulfilment by the applicant, a citizen of a Member State, of the conditions required by this law, the competent Romanian authority shall accept as evidence the documents issued by the competent authorities of the ((2) In order to accede to a regulated profession or to exercise it in Romania, the applicant must submit an application in this regard to the competent Romanian authority, which confirms the receipt of the applicant's file within one month from the date its receipt and inform it, as the case may be, of the lack of any document. The list of the necessary documents that may be requested in order to obtain the authorization to exercise a regulated profession is set out in Annex no. 7. ---------- Alin. ((2) of art. 34 34 has been amended by section 16 16 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. (3) The procedure for examining the application by the competent Romanian authority must be completed as soon as possible by a reasoned decision. The period may not be more than 3 months from the date of submission of the complete file by the person concerned, and may be extended by one month in the case of application of the general system of recognition of qualifications and recognition of experience professional. --------- Alin. ((3) of art. 34 34 has been amended by section 16 16 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. (4) The procedure for examining the application shall be completed by issuing a reasoned decision by the competent Romanian authority, within the period provided in par. ((3). This decision shall be communicated to the applicant within 15 days of the issue and shall take effect from the date of the communication. Her decision or absence can be appealed before the Romanian courts. (5) Under the penalty of invalidity, the decision must include the term and the jurisdictional court where it can be challenged. + Article 35 (1) Verification of diplomas within the meaning of art 8, of diplomas within the meaning of art. 14 14, certificates, certificates of competence and other qualifications, granted to the citizens of the Member States and corresponding to the titles giving access in Romania to the exercise of regulated professions, for the purposes of this Law, shall be made by to the competent Romanian authority. ((. Where there is doubt on such documents, the competent Romanian authority may ask the competent authority of that Member State to confirm the authenticity of such documents. (3) In the event of justified doubts, the Romanian competent authorities may require the competent authorities of a Member State to confirm that the applicant is not suspended or has no prohibition on the exercise of the profession as a result of a serious professional errors or a conviction for offences related to the exercise of his or her professional activities. ---------- Alin. ((3) of art. 35 35 has been introduced by section 22 22 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ((. The exchange of information with the competent authorities of different Member States shall be carried out through IMI. ---------- Alin. ((4) of art. 35 35 has been introduced by section 22 22 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Chapter IV ^ 1 Special rules applicable to the provision of services -------------- Head. IV ^ 1 was introduced by section 4.2. 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 35 ^ 1 (1) The provisions of this chapter shall apply exclusively to suppliers who travel to Romania for the purpose of exercising, on a temporary and occasional basis, a regulated profession. The temporary and occasional nature of the provision of services shall be assessed on a case-by-case basis, in particular in relation to the duration of the provision, frequency, periodicity and continuity. ------------- Alin. ((1) of art. 35 ^ 1 has been amended by section 4.2 5 5 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, amending section 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. ((. Without prejudice to the special provisions of Community law and art. 35 ^ 2 and 35 ^ 3, the Romanian authorities cannot restrict, for reasons related to professional qualifications, the freedom to provide services on the territory of Romania: a) where the provider is legally established in a Member State for the purpose of exercising that profession, hereinafter referred to as the Member State of establishment; b) in case of movement of the service provider, if he has exercised that profession in one or more Member States for at least one year during the last ten years prior to the provision of services, where the profession is not regulated in the Member State of establishment. The condition of exercise for one year of the profession shall not apply if the profession or education and training leading to the exercise of the profession are regulated. ---------- Lit. b) a par. ((2) of art. 35 35 ^ 1 has been amended by section 4.2 23 23 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ------------- Alin. ((2) of art. 35 ^ 1 has been amended by section 4.2 5 5 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, amending section 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. ((3) In case of movement of the provider in Romania, he must comply with the norms of professional, legislative or administrative conduct that are directly related to professional qualifications, such as the definition of profession, the use of titles and serious professional deviations that have a direct and specific connection with the protection and safety of consumers, as well as the disciplinary provisions applicable in Romania to professionals who exercise the same profession. --------- Art. 35 ^ 1 was introduced by item 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 35 ^ 2 The Romanian authorities shall exempt service providers established in another Member State from the requirements imposed on professionals established on its territory in respect of: a) authorization by a professional organization or professional body, registration or affiliation thereto. The Romanian authorities may request either the automatic temporary registration or the pro forma affiliation to such an organization or professional body, provided that it does not delay or complicate in any way the provision of services and does not attract additional expenses for the service provider. A copy of the declaration and, where applicable, the renewal referred to in art. 35 ^ 3 para. ((1), accompanied, for professions that have health or public safety implications provided for in art. 35 ^ 4 or benefiting from automatic recognition, by a copy of the documents provided in art. 35 ^ 3 para. ((3), are sent by the competent authority to the competent professional organization or body and this constitutes an automatic temporary registration or a pro forma affiliation for this purpose; b) registration with a social security body of public law, in order to establish, with an insurer, the accounts related to the activities exercised for the benefit of insured persons. However, the service provider shall inform the body referred to in point (a). b), in advance or, in cases of emergency, subsequently, with regard to the services it provided. ---------- Art. 35 ^ 2 was introduced by item 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 35 ^ 3 (1) The Romanian competent authorities shall require that, when the provider moves for the first time from a Member State to Romania to provide services, they shall be informed in advance by a written declaration that includes information on insurance coverage or other means of personal or collective liability for professional liability. The declaration shall be renewed once a year if the provider intends to provide services, temporarily or occasionally, in Romania during that year. (2) By exception to the provisions of par. ((1), special regulations may waive the condition of filing the declaration ------------- Alin. ((2) of art. 35 ^ 3 was amended by section 4.2. 6 6 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, amending section 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. (3) For the first provision of services or in the case of a material change regarding the situation established in the documents, the Romanian competent authorities shall request that the declaration be accompanied by the following documents: a) proof of the nationality of the provider; b) an attestation certifying that the holder is legally established in a Member State for the purpose of exercising the activities in question and that it is not prohibited to exercise them, even temporarily, at the time of issue of the attestation; c) evidence of professional qualifications; d) in the case provided in art. 35 ^ 1 para. ((1) lit. b) proof, by any means, that the provider has exercised the activities in question for a period of at least 1 year during the last 10 years; ---------- Lit. d) a par. ((3) of art. 35 35 ^ 3 was amended by section 4.2. 24 24 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. e) with regard to the professions in the field of safety, health and professions related to the education of minors, including childcare and the education of young children, an attestation of the non-existence of temporary or definitive suspensions from the exercise of the profession or criminal convictions; ---------- Lit. e) a par. ((3) of art. 35 35 ^ 3 was amended by section 4.2. 24 24 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. f) in the case of professions that have implications for patient safety, set out in Annex no. 8, a declaration on the knowledge of the Romanian language, necessary for practicing the profession in Romania. ---------- Lit. f) a par. ((3) of art. 35 ^ 3 was introduced by section 4.2. 25 25 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (4) By exception to the provisions of par. (3), special regulations may be waived in all or part of the request of these documents. ------------- Alin. ((4) of art. 35 ^ 3 was amended by section 4.2. 6 6 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, amending section 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. (. The provision of services shall be carried out with the professional title of the Member State of establishment, where such a title exists in that Member State for the professional activity concerned. This title shall be indicated in the official language or in one of the official languages of the Member State of establishment, in a manner in which to avoid any confusion with the professional title in Romania. Where there is no such professional title in the Member State of establishment, the provider shall indicate the title of qualification in the official language or one of the official languages of that Member State. By exception, in the case of professions for which automatic recognition is applied, the provision of services is carried out with the professional title in Romania. (6) Presentation of a mandatory declaration by the service provider in accordance with par. (1) entitles the respective service provider to have access to the activity of services or to exercise that activity throughout Romania. The Romanian competent authorities may request the additional information listed in par. ((2) on the professional qualifications of the service provider if they do not have other means to obtain such information. ---------- Alin. ((6) of art. 35 ^ 3 was introduced by section 4.2. 26 26 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ---------- Art. 35 ^ 3 was introduced by item 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 35 ^ 4 (. For the first provision of services, in the case of regulated professions which have public health or safety implications and which do not receive automatic recognition, the competent authorities may carry out a qualification check. professional of the service provider prior to the first service provision. Such prior verification is possible only if its objective is to avoid serious damage to the health or safety of the service beneficiary, as a result of the lack of professional qualification of the service provider and the the condition that the verification does not exceed what is necessary for that purpose. The list of professions for which this provision applies is set out in Annex no. 8. (2) Within no more than one month from the date of receipt of the declaration and accompanying documents, provided in par. ((1) and (2), the competent authority shall inform the service provider of its decision: a) not to check his/her professional qualifications; b) after verification of his professional qualifications: ((i) to require the service provider to promote an aptitude test; or ((ii) to enable him to provide those services. In the event of difficulties which could lead to a delay in a decision, the competent authority shall notify the service provider, within the same period, of the reasons for the delay. The difficulty shall be resolved within one month of the notification and the decision shall be completed within two months of the resolution of the difficulty. ((3) In the case of an important difference between the professional qualifications of the service provider and the training imposed in Romania, to the extent that this difference is likely to adversely affect public health or safety and cannot be compensated by the professional experience of the service provider or the knowledge, skills and competences acquired through lifelong learning, formally validated for this purpose by a relevant body, the competent authority Romanian offers the respective service provider the opportunity to demonstrate, through a the aptitude test, as provided in par. ((2) lit. b) section ((i), that it acquired the knowledge, skills and competences that lacked it and makes a decision on that basis whether to allow the service to be provided. In any event, the provision of services must be possible within one month of the date of the decision taken. (4) In the absence of a reaction from the competent authority within the deadlines provided in par. ((2) and para. ((3), the service may be provided. (5) If the professional qualifications have been verified pursuant to this article, the services are provided with the professional title in Romania. ---------- Article 35 ^ 4 has been amended by section 4. 27 27 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 5 Where the provision is made with the professional title of the Member State of establishment or the qualification of the service provider, the Romanian competent authorities may require the provider to provide the recipient of the services . a) where the provider is registered in a commercial register or other similar public register, the register in which the registration number is registered and the registration number or other equivalent means of identification provided for therein register; b) where the activity is subject to an authorisation regime in the Member State of establishment, the coordinates of the competent supervisory authority; c) any professional organization or similar body to which the provider is registered; d) the professional title or, where such a title does not exist, the qualification of the provider and the Member State in which it was obtained; e) if the provider is a VAT payer, the registration code assigned according to art. 153 153 or, where appropriate, art. 153 ^ 1 of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, or the similar registration code, assigned by the competent authorities of another Member State; f) information on insurance coverage or other means of personal or collective protection regarding professional responsibility. ----------- Art. 35 ^ 5 was introduced by item 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 35 ^ 6 (. The competent authorities of Romania may require the competent authorities of the Member State of establishment, in the event of justified doubts, to provide any information relevant to the legality of the establishment and the good conduct of the provider of services, as well as the absence of professional disciplinary or criminal sanctions. Where they decide to check the professional qualifications of the service provider, the competent authorities of the Romanian competent authorities may require the competent authorities of the Member State of establishment of information on the training courses completed by the provider. to the extent necessary for the assessment of significant differences which may have adverse effects on public health or safety. The Romanian competent authorities as authorities of the Member State of establishment shall communicate this information in accordance with art. 37. In the case of non-regulated professions in Romania, the assistance center provided in art. 37 ^ 1 can also provide such information. ---------- Alin. ((1) of art. 35 ^ 6 was amended by section 6.6. 28 28 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (2) If the provider is a member in a professional organization and in the conditions of full compliance with the provisions on the protection of personal data, the competent authorities in Romania may request the professional card. (3) The recipient of a service may make a complaint against the service provider, under the Romanian law. (. The competent authorities shall ensure the exchange of all information necessary for the complaint of a service provider against a service provider to be treated fairly. The recipient is informed of the outcome of the complaint. ----------- Art. 35 ^ 6 was introduced by item 17 17 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Chapter IV ^ 2 Provisions concerning the issuance of the European Professional Card by the competent ---------- Chapter IV ^ 2 was introduced by item 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 7 (1) The European Professional Card is an electronic certificate attesting to the fact that the professional has fulfilled all the conditions necessary to temporarily and occasionally provide services in a host Member State and, where applicable, the card the European professional constitutes the declaration provided by art 35 ^ 3 para. ((3) or recognition of professional qualifications for establishment in a host Member State. For the purpose of establishing, the issuance of the European Professional Card does not confer the automatic right to practice a regulated profession when there are registration requirements or other control procedures already established on the territory of Romania, according to the legislation in force before the introduction of the European Professional Card for that profession. (2) The Romanian competent authorities shall issue, upon request, to the holders of a professional qualification the European Professional Card, in accordance with Implementing Regulation (EU) 2015/983 of the Commission of 24 June 2015 on the procedure for issuing the European Professional Card and the application of the alert mechanism under the Directive 2005 /36/EC of the European Parliament and of the Council, with the payment of a reasonable, proportionate and appropriate fee with the costs incurred for the release, determined by each competent authority and which do not constitute a deterrent to the request European Professional Card The holder of a professional qualification concerned may choose to apply for such a card or apply the recognition procedures provided for by this Law. ---------- Article 35 ^ 7 was introduced by the section 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 8 (. The competent authorities shall allow the holder of a professional qualification to apply for a professional card through an online instrument made available by the European Commission, which automatically creates an IMI file for that applicant. which a competent authority allows the submission of applications and in writing, it shall take all necessary measures to create the IMI file, transmit any information to the applicant and issue the European Professional Card. ((. Applications shall be accompanied by the necessary documents provided for by the implementing acts adopted by the European Commission. ((. Within one week of receipt of the request, the competent authorities shall acknowledge receipt of the request and inform the applicant of the lack of any document. Where appropriate, the competent authorities shall issue any duly justified certificate. (4) The competent authorities shall verify that the applicant is legally established in Romania and if all the necessary documents that have been issued in Romania are valid and authentic. In the event of duly justified doubts, the competent authorities shall consult the relevant issuing institution and ask the applicant for certified copies of the documents. ((5) In the case of subsequent applications submitted by the same applicant, the competent authorities of Romania, as competent authorities of the home state or of the host Member State, may not require the resubmission of documents which are already included in the IMI file and which are still valid. ---------- Art. 35 ^ 8 was introduced by item 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 9 (. The competent authorities shall verify the application and the supporting documents in the IMI file and shall issue the European Professional Card for the temporary and occasional provision of services other than those provided for in art. 35 ^ 4, within three weeks. The deadline begins to run from the receipt of the missing documents or, if no additional documents are requested, from the expiry of the one-week period provided for in art. 35 ^ 8 para. ((3). They shall then immediately transmit the European Professional Card to the competent authority of each host Member State concerned and inform the applicant accordingly. Where the competent authority of the host Member State is the competent authority of the host Member State, it may not require a new declaration pursuant to Article 35 ^ 3 for the next 18 months. (. The decision of the competent authority or the absence of a decision within the three-week period referred to in ((1) shall be subject to appeal under national law. ((3) If it wishes to provide services in Member States other than those originally provided for in the application in paragraph 1. ((1), a European professional card holder may request such an extension. If he wants to continue to provide services after the 18-month period provided in par. ((. The holder shall inform the competent authority thereof. In both cases, the holder shall also provide any information on the substantial changes in the situation recorded in the IMI file, which may be requested by the competent authority in accordance with the implementing acts. The competent authorities shall transmit the updated European Professional Card to the host Member States concerned. (4) The European Professional Card is valid throughout Romania, as a host state, as long as its holder retains the right of practice on the basis of documents and information contained in the IMI file. ---------- Art. 35 ^ 9 was introduced by item 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 10 (1) The Romanian competent authorities shall verify, as competent authorities of the home Member State, within one month the authenticity and validity of the supporting documents in the IMI file for the issue of a professional card the European Union for the establishment or for the temporary and occasional provision of services pursuant to art. 35 35 ^ 4. The term begins to run from the receipt of the missing documents provided for in 35 ^ 8 para. ((2) or, if no additional documents are requested, from the expiry of the one-week period. They shall then immediately submit the request to the competent authority of the host Member State. The Romanian competent authorities shall inform the applicant of the situation of his or her request when they submit the request to the ((. Where a common training framework or a common training test is established, the competent authorities of the host Member State shall decide whether to issue a European Professional Card within one month of receipt of the request from the competent authorities of the home state. In the event of duly justified doubts, the Romanian competent authorities may require the authorities of the Member State of origin for additional information or the transmission of a certified copy of a document, which the latter shall transmit no later than two weeks after the submission of the request. Under the conditions of compliance ((5) The second subparagraph, the one-month period shall apply even if such requests have been made. The two-week period shall apply, on a compulsory basis, and where the Romanian competent authorities are authorities of the State of origin. (3) In the cases provided in art. 35 ^ 4 and art. 11, the Romanian competent authorities as authorities of the host Member State shall decide whether to issue the European Professional Card or subject the holder of a professional qualification to compensatory measures within two months of receipt of the the request submitted by the Romanian competent authorities. In the event of duly justified doubts, the competent authorities of the Romanian authorities may require the competent authorities of the home state of additional information or the transmission of a certified copy of a document, which these authorities transmit at the latest within two weeks of the request. Under the conditions of compliance ((5) The second subparagraph, the two-month period shall apply even if such requests have been made. The two-week period shall apply, on a compulsory basis, and where the Romanian competent authorities are authorities of the State of origin. ((4) Where the Romanian competent authorities do not receive the necessary information which they require, in order to take a decision on the issue of the European Professional Card either from the competent authorities of the State of origin or from the part of the applicant, the Romanian competent authorities as authorities of the host Member State may refuse to issue the card. The refusal shall be duly justified. ((. Where the Romanian competent authorities as authorities of the host Member State do not adopt a decision within the time limits referred to in paragraph 1. ((2) and (3) or do not organize an aptitude test as provided in art. 35 35 ^ 4, the European Professional Card shall be deemed to be issued and transmitted automatically, via IMI, to the holder of a professional qualification. The Romanian competent authorities as authorities of the host Member State shall have the possibility to extend by two weeks the time limits provided for in paragraph 1. ((2) and (3) for the automatic issuance of the European Professional Card. The competent authorities of the host Member State shall explain the reasons for the extension and inform the applicant accordingly. Such an extension may be repeated only once and only if strictly necessary, in particular for reasons related to public health or safety of the beneficiaries of the service. (6) The actions taken by the Romanian competent authorities in accordance with par. ((1) replace any application for recognition of professional qualifications under the domestic law of the host Member State. ((7) Decisions of the Romanian competent authorities as competent authorities of the home state or of the host Member State, adopted pursuant to paragraph 1. ((1)-(5), or the absence of the decision shall be subject to appeal under Roman law. ---------- Art. 35 ^ 10 was introduced by item 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 11 ((. Without prejudice to the presumption of innocence, the competent authorities of the Romanian authorities as competent authorities of the home state or of the host Member State shall promptly update the relevant IMI file with information relating to actions. disciplinary or criminal sanctions relative to a prohibition or restriction and which may have consequences for the carrying out of activities by the holder of a European Professional Card. In this regard, they comply with the legal rules in force on the protection of personal data. These updates include deleting information that is no longer required. The holder of the European Professional Card and the competent authorities with access to the relevant IMI file shall be informed immediately of any updates. This obligation shall be without prejudice to alert obligations. (2) The content of the updated information provided in paragraph (1) shall be limited to the following: a) identity of the professional; b) the profession in question; c) information on the national authority or court which has adopted the decision on restriction or prohibition; d) the scope of the restriction or prohibition; and e) the period during which the restriction or prohibition applies. ((3) Access to information in the IMI file is limited to the Romanian competent authorities, in accordance with the legal norms in force regarding the protection of personal data. The competent authorities shall inform the holder of the European Professional Card of the contents of the IMI file at the request of ((. The information contained in the European Professional Card shall be limited to the information required for the certification of the right of the holder to exercise the profession for which he was issued, namely: a) surname, name; b) date and place of birth; c) profession; d) the qualifications of the holder and e) the competent authorities concerned; f) card number; g) security features; and h) reference of a valid identity document. Information on the professional experience gained or compensatory measures absolved by the holder of the European Professional Card shall be included in the IMI (5) The personal data included in the IMI file may be processed as long as it is necessary for the recognition procedure itself and as proof of the recognition or transmission of the declaration requested in art. 35 35 ^ 3. The competent authorities shall provide the holder of a European Professional Card with the right to request at any time and without costs to incur that holder to rectify incorrect or incomplete data or to delete and block the IMI file. The holder shall be informed of this right at the time of issue of the European Professional Card and shall be notified every two years. This readmission is made automatically via IMI if the initial request for the European Professional Card has been made online or by other means. In the case of a request for the deletion of an IMI file related to a European Professional Card issued for the purpose of establishment or temporary and occasional provision of services pursuant to art. 35 ^ 4, the competent authorities of the Romanian competent authorities of the host Member State shall issue to the holder of professional qualifications a title certifying the recognition of his professional qualifications. (6) In connection with the processing of personal data from the European professional card and from all IMI files, the Romanian competent authorities consider themselves operators within the meaning of the legal norms regarding the protection of personal data. ((7) Without prejudice to paragraph 1. (3), the Romanian competent authorities as authorities of the host Member State shall ensure the possibility of employers, customers, patients, public authorities and other interested parties to verify the authenticity and validity of a card professional European presented to them by the cardholder. ---------- Art. 35 ^ 11 was introduced by item 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 12 The provisions of this chapter apply for the issuance of the professional card and for the professions regulated by the doctor, dentist, pharmacist, general nurse, midwife, veterinarian and architect. ---------- Article 35 ^ 12 has been introduced by the 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Chapter IV ^ 3 Recognition of professional ---------- Chapter IV ^ 3 was introduced by item 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 13 (1) In Romania, the access or exercise of one of the activities listed in Annex IV to Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, published in the Official Journal of the European Union L no. 255 of 30 September 2005, shall require as sufficient evidence of the knowledge and skills of the prior exercise of that activity in another Member State in accordance with art. 35 35 ^ 15. (2) The activities provided in par. (1) are included in the following lists: a) List I 'Grupe falling within the scope of Directive 64 /427/EEC, as amended by Directive 69 /77/EEC, and Directives 68 /366/EEC and 82 /489/EEC'; b) List II " Grupe falling within the scope of Directive 75 /368/EEC, activities referred to in art. 5 5 para. ((1); Directive 75 /369/EEC, art. 6 6: if the activity is considered to be of an industrial or craft nature; Directive 82 /470/EEC, art. 6 6 para. ((1) and (3) '; c) List III " Directives 64 /222/EEC; 68 /364/EEC; 68 /368/EEC; 75 /368/EEC, Art. 7 7; 75 /369/EEC, art. 5 5; 70 /523/EEC; 82 /470/EEC, Art. 6 6 para. ((2) '. (3) The competent authority granting access to the exercise of the activities of par. (2) based on the recognition of professional experience is the Ministry of Labour, Family, Social Protection and Elderly. ((4) The procedure for granting access to the exercise of activities on the basis of the recognition of professional experience, as well as the activities included in the lists (2) is detailed by order of the Minister of Labour, Family, Social Protection and Elderly. ((5) Recognition of professional experience for the activities in par. (2) allows Romanian citizens, as well as citizens of the EU, EEA or Swiss Confederation who have acquired professional experience in another Member State to exercise the same activity in Romania. ---------- Art. 35 ^ 13 was introduced by item 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 14 (1) The Ministry of Labour, Family, Social Protection and Elderly, through the county/city agencies of Bucharest for payments and social inspection, subordinated to the National Agency for Payments and Social Inspection, shall issue, at request, to persons wishing to carry out activities, independently or as employees, in the territory of a Member State of the European Union, if they meet the requirements laid down in art. 35 35 ^ 15. (2) The procedure for granting attestations, as well as the activities contained in the lists provided in art. 35 ^ 13 para. (2) is detailed by order of the Minister of Labour, Family, Social Protection and Elderly. ((3) Attesting the training and professional experience provided in par. (2) is granted in order to recognize the professional experience acquired on the territory of Romania by Romanian citizens or by citizens of the European Union, EEA or Swiss Confederation, who wish to exercise the same activity independently or as employees in the territory of another EU Member State. ---------- Art. 35 ^ 14 was introduced by section 4.2. 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 35 ^ 15 (1) In the case of activities included in the list I provided in art. 35 ^ 13 para. ((2) lit. a), the prior exercise of the activity for which the employment is required must meet one of the following conditions: a) the prior exercise of the activity in question has taken place over a period of six consecutive years, independently or as a full-time business director or partial equivalent of that profession in a Member State; b) the prior exercise of the activity in question has taken place over a period of three consecutive years, independently or as a full-time business director or partial equivalent of that profession in a Member State. In this case the applicant must prove that he has followed for the activity in question for a prior training of at least three years. Vocational training must be attested by a certificate recognised by the Member State or deemed to be fully valid by a competent professional body; c) the prior exercise of the activity in question has taken place over a period of four consecutive years, independently or as a full-time undertaking director or partial equivalent of that profession in a Member State. In this case the applicant must prove that he has followed for the activity concerned a prior training of at least two years, attested by a certificate recognised by the Member State or considered fully valid by a body competent professional; d) the prior exercise of the activity in question took place over a period of four consecutive years, on an independent basis. In this case the applicant must prove that he has exercised the activity in question and as an employee for a period of at least five years, full time or partial equivalent of that profession/occupation in a Member State; e) the prior exercise of the activity in question took place over a period of five consecutive years, in a higher position, and the applicant had for at least three years technical tasks and was responsible for at least one Enterprise department. In this case the applicant proves that he has followed for the activity concerned a prior vocational training of at least three years, attested by a certificate recognised by the Member State or considered to be fully valid by a body competent professional. ((. In the case of activities included in the list II provided for in art. 35 ^ 13 para. ((2) lit. b), the prior exercise of the activity for which the employment is required must meet one of the following conditions: a) the prior exercise of the activity in question has taken place over a period of five consecutive years, independently or as a full-time business director or partial equivalent of that profession in a Member State; b) the prior exercise of the activity in question has taken place over a period of three consecutive years, independently or as a full-time business director or partial equivalent of that profession in a Member State. In this situation the applicant must prove that he has followed for the activity concerned a prior training of at least three years, attested by a certificate recognised by the Member State or considered to be fully valid by a body competent professional; c) the prior exercise of the activity in question has taken place over a period of four consecutive years, independently or as a full-time equivalent company director or equivalent of that profession in a Member State. In that case, it must prove that, for the activity in question, a prior training of at least two years, attested by a certificate recognised by the Member State or deemed to be fully valid by a competent professional body; d) the prior exercise of the activity in question has taken place over a period of three consecutive years, independently or as a full-time undertaking director or partial equivalent of that profession in a Member State. In this case the applicant must prove that he has exercised the activity in question and as an employee for a period of at least five years full-time or partially equivalent to that profession in a Member State; e) the prior exercise of the activity in question has taken place over a period of five consecutive years as a full-time employee or partial equivalent of that profession in a Member State. In that case, it must prove that, for the activity in question, a prior training of at least three years, attested by a certificate recognised by the Member State or considered to be fully valid by a professional body competent; f) the prior exercise of the activity in question took place over a period of six consecutive years, as an employed, full-time or partial equivalent of that profession in a Member State. In that case, the applicant must prove that a prior training of at least two years, attested by a certificate recognised by the Member State or deemed to be fully valid by a body, followed for the activity in question. competent professional. In the cases provided in lett. a) and d), the activity for which the right of access is requested must not have been completed more than 10 years before the date of submission of the complete file of the person concerned to the competent authority. ((3) In the case of activities included in list III provided for in art. 35 ^ 13 para. ((2) lit. c), the prior exercise of the activity for which the employment is required must meet one of the following conditions: a) has been held for a period of three consecutive years, independently or as a full-time undertaking director or equivalent in part of that profession in a Member State; b) it has been held for a period of two consecutive years, independently or as a full-time business director or equivalent in part of that profession in a Member State. In this case the applicant must prove that he has followed, for the activity in question, prior training, attested by a certificate recognised by the Member State or deemed to be fully valid by a competent professional body; c) has been held for a period of two consecutive years, independently or as a full-time business director or equivalent in part of that profession in a Member State. In this case the applicant must prove that he has exercised the activity in question for a period of at least three years full time or equivalent in part of that profession in a Member State; d) took place over a period of three consecutive years as a full-time employee. In this case the applicant must prove that he has followed, for the activity concerned, a prior training, attested by a certificate recognised by the Member State or deemed to be fully valid by a competent professional body. In the cases provided in lett. a) and c), this activity must not have been completed more than 10 years before the date of submission of the complete file of the applicant in question to the competent authority. (4) Provisions art. 32 ^ 1 shall not apply to the recognition of professional experience on the basis of par. ((1), (3) and (5). ---------- Art. 35 ^ 15 was introduced by item 29 29 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Chapter V Provisions and procedures regarding Romanian vocational training titles + Article 36 (1) Romanian citizens or citizens of a Member State, holders of an official Romanian qualification title, who want to prove, in order to be able to establish themselves in a Member State, that they have effectively and legally exercised a regulated profession in Romania in the course of a certain period, addresses a request to the Romanian authorities. The competent Romanian authority shall issue a certificate to the applicant, which is sufficient proof of that fact. (2) The competent Romanian authorities set out in Annex no. 3, under the provisions of art. 1 1 para. (2), attests that a Romanian qualification title, obtained by Romanian citizens or citizens of another Member State, meets the conditions to allow them access to the exercise of a regulated profession in Romania. This attestation is based on the professional training documents issued by the management of universities, higher education institutions, other educational establishments or competent authorities. + Chapter VI Final provisions + Article 37 (1) The competent Romanian authorities set out in Annex no. 3 will take the necessary measures to apply this law, informing in this regard the Ministry of Education, Research and Youth, designated national coordinator *). ------------- Alin. ((1) of art. 37 37 has been amended by section 7 7 of art. I of LAW no. 117 117 of 27 May 2008 , published in MONITORUL OFFICIAL no. 410 410 of 2 June 2008, amending section 18 18 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. (1 ^ 1) The tasks of the national coordinator are as follows: a) to promote a uniform application of this law; b) collect all relevant information for the implementation of this law, such as those concerning the conditions for access to regulated professions in the Member States; c) examine the suggestions for joint training frameworks and joint training tests; d) to exchange information and best practices for the purpose of optimising continuous professional development in the Member States; e) to exchange information and best practices on the application of the compensatory measures provided for in art. 11 11; f) to endorse the draft normative acts, on the aspects related to the regulation of new professions, in order to ascertain whether the requirements provided in art. 3 3 para. ((6); g) to communicate to the European Commission, on the basis of data and information submitted by the competent authorities, every 2 years, a report on the application of this law and the legal provisions on training, exercise and recognition of qualifications professional for the professions of doctor, dentist, pharmacist, midwife, nurse generalist, veterinarian and architect, comprising statistical data on the adopted recognition decisions and a description of the main aspects Problematic. With effect from 18 January 2016, the statistical summary of the decisions adopted shall contain detailed information on the number and types of decisions taken, including the types of decisions on partial access by the competent authorities and a description of the main problems resulting from the application of recognition procedures. ---------- Alin. ((1 ^ 1) of art. 37 37 has been introduced by section 30 30 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (2) The Romanian authorities set out in Annex no. 3 are part of the Internal Market Information System-IMI-and carry out the obligations laid down in this regard. The competent authorities shall exchange information with the competent authorities of other Member States relating to disciplinary measures or criminal sanctions imposed or any other specific serious circumstances which may have consequences for the carrying out activities under this law, ensuring compliance with the rules on the protection of personal data and confidentiality. ---------- Alin. ((2) of art. 37 37 has been amended by section 31 31 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. (3) The competent authorities of Romania and of the Member States shall exchange information on disciplinary or criminal sanctions that have been applied or on other serious specific facts which may have consequences for the exercise of activities specific, in compliance with the legislation on the protection of personal data and in compliance with the confidentiality obligation. (4) The Romanian competent authorities, when Romania is a Member State of origin, shall examine the veracity of the facts and decide on the nature and extent of the investigations to be carried out and shall communicate to the host Member State the conclusions results from the information submitted. (5) The competent authorities of Romania and the other Member States, bodies and other legal entities shall ensure the confidentiality of the information -------- Article 37 has been amended by section 6.6. 18 18 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 37 ^ 1 (1) The National Center for Recognition and Equivalence of Diplomas is the assistance center in Romania whose task is to provide citizens and assistance centers in the other Member States with assistance regarding the recognition of qualifications professional, including information on national legislation governing professions and their exercise, labour and social security legislation and, where appropriate, deontology rules. (2) The assistance center in Romania provides assistance to citizens in exercising the rights conferred by this law, as the case may be, in cooperation with the assistance center of the home Member State and the competent authorities and the single point of contact electronic, provided by Government Emergency Ordinance no. 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and additions by Law no. 68/2010 . ((3) Any competent authority in Romania shall cooperate fully with the Support Centre in Romania and, where appropriate, in the Member State of origin or assistance centres in other Member States and shall, at the request of these assistance centres, all the relevant information on individual cases, in compliance with data protection rules, in accordance with the legislation on the protection of personal data and compliance with the obligation of confidentiality. (4) The assistance center in Romania, provided in par. ((1), inform the European Commission, at its request, of the outcome of the investigations in which it is involved, within two months of receipt of that request. ---------- Article 37 ^ 1 has been amended by section 4.2. 32 32 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 37 ^ 2 (1) The Romanian competent authorities shall inform the competent authorities of all other Member States of a professional who has been restricted or prohibited by the national authorities or courts from carrying out, on the territory of Romania, even temporarily, the following professional activities, in whole or in part: a) activities that have implications regarding the safety of patients, when the professional exercises a regulated profession in Romania; b) activities related to the education of minors, including the care of children and the education of young children, when the professional exercises a regulated profession in Romania. (. The competent authorities shall transmit the information referred to in paragraph ((1) by alert in IMI at the latest within three days from the date of adoption of the decision to restrict or prohibit, in whole or in part, the exercise of a professional activity by the professional concerned. This information is limited to the following: a) identity of the professional; b) the profession in question; c) information on the authority or court that adopts the decision on restriction or prohibition; d) the scope of the restriction or prohibition; and e) the period during which the restriction or prohibition applies. ((. At the latest three days after the date of adoption of the judgment of the court, the competent authorities concerned shall inform the competent authorities of all other Member States, by alert in IMI, of their identity. professionals who have requested the recognition of a qualification and where the courts have subsequently found that they have made use of falsified professional qualifications in this context. (4) The processing of personal data is carried out in accordance with the legal norms in force. (5) The Romanian competent authorities must inform, without delay, the authorities of all Member States when an prohibition or restriction provided for in paragraph 1 expires. ((1). For this purpose, the Romanian competent authority providing the information in accordance with paragraph 1. ((1) must also indicate the expiry date and any subsequent change to that date. (6) The Romanian competent authorities must inform, in writing, the professionals on which alerts are sent to other Member States on decisions regarding alerts, at the same time as alert itself, to grant them the possibility to challenge the decision in accordance with national law or to request the rectification of such decisions and have the possibility to obtain compensation related to any damage caused by false alerts sent to other Member States, and, in such cases, the alert decision may contain the indication that it is subject to proceedings initiated by the professional. (7) Data on alerts can be processed in the IMI system for as long as they are valid. Alerts will be deleted within three days from the date of adoption of the revocation decision or from the expiry of the prohibition or restriction provided in par. ((1). ---------- Article 37 ^ 2 has been introduced by item 33 33 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 37 ^ 3 (1) The assistance center provided for in art. 37 ^ 1 and the competent authorities referred to in art. 3 3 para. (4) transmit, to ensure online access, the single electronic contact point provided by Government Emergency Ordinance no. 49/2009 , approved with amendments and additions by Law no. 68/2010 , the following information which is regularly updated by the Centre for Assistance and the competent authorities: a) the list of all regulated professions in Romania, including the contact details of the competent authorities for each regulated profession and the assistance centers provided for in art. 37 37 ^ 1; b) the list of regulated professions for which a European Professional Card is available, the operation of that card, including all taxes payable by professionals and the competent authorities for issuing the card; c) list of professions listed in Annex no. 8 8; d) the requirements and procedures provided in art. 30 ^ 1, art. 34 34, art. 35 35 ^ 4 and art. 37, including all the related charges to be paid by citizens and documents to be submitted by citizens to the competent authorities; e) details on how to challenge, under the legal norms in force, the decisions of the competent authorities adopted on the basis of this law. (2) The information provided in par. (1) shall be provided in a clear and comprehensive manner for users, shall be easily accessible from a distance and by electronic means and shall be kept up to date. ((3) Any request for information addressed to the single electronic contact point provided in par. ((1) must be answered as soon as possible. (4) The Romanian competent authorities and the European Commission shall take measures to encourage electronic single contact points to make available the information referred to in paragraph 1. ((1) in other official languages of the Union and shall cooperate with each other and with the European Commission for the purpose of implementing paragraph 1. ((1), (2) and (3). (5) The assistance center provided for in art. 37 ^ 1 and the competent authorities referred to in art. 3 3 para. (4) adopt the necessary measures to ensure that all requirements, procedures and formalities relating to access to matters covered by this law can be easily, remotely and by electronic means, including through the single electronic contact. The competent authorities may, subsequently, require certified copies only if there are justified doubts and when strictly necessary. (6) Provisions of para. ((5) shall not apply for the conduct of a period of adaptation or of an aptitude test provided for in art. 11. (7) If the competent authorities request the advanced electronic signatures provided by the legislation in force, in order to carry out the procedures provided in par. ((4), they are accepted. The competent authorities accept electronic signatures and provide technical means for the processing of documents with "extended electronic signature based on a qualified certificate", according to the legal norms in force. (8) All procedures are carried out in accordance with the provisions Government Emergency Ordinance no. 49/2009 , approved with amendments and additions by Law no. 68/2010 , and the procedural deadlines provided in art. 34 34 and art. 35 ^ 4, start when a citizen has submitted an application or any missing document through the single electronic contact point or directly to the relevant competent authority. Requests for certified copies referred to in par. ((5) are not considered as a request for missing documents. ---------- Article 37 ^ 3 has been introduced by item 33 33 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Article 38 Annexes no. 1-8 are an integral part of this law. ---------- Article 38 has been amended by section 6.6. 20 20 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007. + Article 39 The Annexes may be amended or supplemented by Government Decision. This law was adopted by the Senate at its meeting on March 11, 2004, in compliance with the provisions of art 76 76 para. (2) of the Romanian Constitution, republished.
SENATE PRESIDENT
NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at its meeting on May 4, 2004, in compliance with the provisions of 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALER DORNEANU Bucharest, 25 May 2004. No. 200. + Annex 1 LIST activities not covered by this Law 1 1. The activities of independent persons and intermediaries working in the field of trade and distribution of toxic products; activities, trade and distribution of toxic products, activities involving the professional use of these products, including activities of intermediaries; 2. Insurance agent and insurance broker activities. ---------- Annex 1 has been replaced by Annex 1 ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015, according to section 34 34 of art. I of the same normative act. + Annex 2 LIST regulated professions in Romania A. Regulated professions that require at least 3 years of higher education: 1. financial auditor; 2. lawyer; 3. Industrial property adviser; 4. accounting expert; 5. authorized accountant; 6. tax consultant; 7. pre-university education teacher (teaching positions: teacher, support teacher/itinerant, documentary teacher, physiotherapist teacher, teacher for preschool education/educator/teacher, teacher for primary education, teacher Unsighted preparer, school psychologist teacher, teacher/coach, teacher-educator, teacher-speech/speech therapist, teacher-psycho-teacher); 8. higher education teacher (teaching positions: university assistant, university lecturer/head of works, university lecturer, university professor); 9. certified project verifier; 10. certified technical expert; 11. Technical responsible for the execution; 12. energy auditor for buildings; 13. site supervisor; 14. urban planner; 15. insolvency practitioner; 16. restorer; 17. authorized interpreter and translator; 18. psychologist (including other persons attested in psychotherapy, special psycho-pedagogy or judicial psychology-evaluation of simulated behavior by polygraph technique); 19. biochemist in the health system; 20. biologist in the health system; 21. chemist in the health system; 22. medical assistant; 23. dental technician; 24. social worker; 25. veterinary assistant; 26. legal counsel; 27. probation counselor; 28. judicial technical expert; 29. forensic expert; 30. mediator; 31. archivist; 32. interpreter mimic-gestural language; 33. authorized assessor; 34. Geodez engineer; 35. Cadastre engineer; 36. surveyor engineer; 37. cartographer engineer; 38. Mining surveyor engineer; 39. Geodez subengineer; 40. cadastre subengineer; 41. Sub-engineer surveyor; 42. cartographer subengineer; 43. mining surveyor sub-engineer; 44. surveyor officer; 45. artillery officer (with certificate of equivalence of studies in the field of land topography and cadastre); 46. cartographer officer; 47. Geographer with cartography specialization; 48. Registrar; 49. Commander; 50. second deck officer; 51. Mechanical chief; 52. second engineer officer; 53. maritime pilot; 54. aspiring maritime pilot; 55. deck officer; 56. Mechanical officer; 57. electrician officer; 58. forecasting aeronautical meteorologist; 59 59. Aeronautical personnel for the protection of air navigation and aeronautical telecommunications (PNA-TC); 60. Aircraft reception and control engineer; 61. civil aviation security auditor; 62. aeronautical technical personnel; 63. teacher of road legislation; 64. workshop leader in the field of repair and/or functional adjustments of road vehicles, dismantling of end-of-life vehicles, as well as in the field of replacement of chassis/bodywork of vehicles; 65. road safety auditor; 66. repealed; ---------- Section 66 of Annex 2 was repealed by paragraph 1. ((1) art. II of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. 67. repealed; ---------- Section 67 of Annex 2 has been repealed by paragraph 1. ((1) art. II of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. 68. lecturer for the training and professional improvement of the specialized personnel in the field of road transport; 69. ITP inspector. B. The regulated professions for which the duration of studies is less than the duration of 3 years of higher education: 70. Flight operations dispatcher; 71. aeronautical technical personnel; 72. navigating mechanic; 73. aeronautical meteorologist technician; 74 74. Aeronautical personnel for the protection of air navigation and aeronautical telecommunications (PNA-TC); 75. aircraft pilot; 76. port captain; 77. port deck officer; 78. port mechanical chief; 79. port mechanical officer; 80. Port electrician officer; 81. aspiring maritime deck officer; 82. aspiring maritime mechanical officer; 83. aspiring maritime electrician officer; 84. maritime timonier; 85. motorist; 86. Maritime crew chief; 87. maritime dinghy leader; 88. electrician; 89. fitter; 90. pompagium; 91. maritime timonier chief; 92. Mechanical officer help; 93. maritime pilot; 94. aspiring maritime pilot; 95. fluvial captain category A; 96. fluvial captain category B; 97. fluvial timonier; 98. fluvial mechanical chief; 99. mechanically; 100. River dinghy leader; 101. Head of river crew; 102. sailor; 103. trainee sailor; 104. trainee mechanic; 105. board electrician; 106. ITP inspector; 107. workshop leader in the field of repair and/or functional adjustments of road vehicles, dismantling of end-of-life vehicles, as well as in the field of replacement of chassis/bodywork of vehicles; 108. transport manager; 109. safety adviser for the transport of dangerous goods by road; 110. driver of motor vehicles carrying dangerous goods; 111. driver who carries out road transport of goods with vehicles whose maximum authorized mass is more than 3,5 tonnes; 112. driver who carries out public road transport of persons; 113. driver who carries out road transport with vehicles having outdated masses and/or dimensions; 114. driver who carries out road transport in taxi mode; 115. driving instructor; 116. locomotive mechanic; 117. Traffic dispatcher; 118. tour guide; 119. private investigator; 120. Security agent; 121. Head of objective; 122. security manager; 123. Security systems engineer; 124. security department director; 125. design security systems; 126. Head of guard and order formation; 127. security inspector; 128. burglary risk assessor; 129. Security consultant; head of shift; 130. alarm center dispatcher; 131. service dog drivers; 132. access control agent; 133. security guard enclosure; 134. agent bodyguard; 135. intervention agent security and order; 136. transport agent values; 137. instructor in the shooting range; 138. Instructor in the shooting range; 139. fireworks; 140. pyrotechnic for fireworks; 141. mountain rescuer; 142. Veterinary technician; 143. professional personal assistant; 144. personal assistant; 145. maternal assistant; 146. medical assistant; 147. Archival 148. authorized interpreter and translator; 149. diver; 150. Nanny; 151. coach; 152. cadastre technician; 153. surveyor technician; 154. cartographer technician; 155. mining surveyor technician; 156. interpreter specific language of the person with deafblindness 157. Ski monitor, snowboard and snow sliding sports. ---------- Annex 2 has been replaced by Annex 2 ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015, according to section 34 34 of art. I of the same normative act. + Annex 3 LIST appropriate competent authorities every regulated profession in Romania A. Regulated professions that require at least 3 years of higher education: 1. Chamber of Financial Auditors in Romania-financial auditor; 2. The National Union of Bars of Romania-lawyer; 3. National Chamber of Counselors in Industrial Property in Romania-industrial property counselor; 4. Body of Chartered Accountants and Authorized Accountants-accounting expert; authorized accountant; 5. Chamber of Tax Consultants-tax consultant; 6. Ministry of Education and Scientific Research-Direction of the School Network and Human Resources-teaching staff of pre-university education (teaching positions: teacher; teacher of support/itinerant; documentary teacher; professor of psychodiagnosis and physiotherapist; teacher for pre-school education/educator/education; teacher for primary education; teacher teacher unblind; teacher teacher; teacher-coach/coach; teacher-educators; teacher-speech/speech; teacher-psycho-pedagog; sociologist; school counselor; teacher methodist; associate professor; trainer; professional development mentor); 7. Ministry of Education and Scientific Research-General Directorate of University Education-higher education teacher (teaching positions: university assistant; university lecturer/head of works; university lecturer; university professor); 8. Ministry of Regional Development and Public Administration-Directorate-General for Regional Development and Infrastructure-Technical Direction-certified project verifier; certified technical expert; energy auditor for buildings; 9. State Inspectorate in Construction-site supervisor; technical officer with execution; 10. Register of Urbanists in Romania-urban planner; 11. The National Union of Insolvency Practitioners in Romania-insolvency practitioner; 12. National Office of Historical Monuments-restorer; 13. Mediation Board-mediator; 14. College of Psychologists in Romania-psychologist (including other persons attested in psychotherapy, special psycho-pedagogy or judicial psychology-evaluation of simulated behavior by polygraph technique); 15. Order of Biochemists, Biologists and Chemists in the Sanitary System of Romania-biochemist in the health system; biologist in the health system; chemist in the health system; 16. National Association of Authorized Assessors in Romania-authorized assessor; 17. Order of the Dentari Technicians in Romania-dental technician; 18. National College of Social Assistants-social worker; 19. National School of Registrations-Registrar; 20. Ministry of Justice-legal adviser; 21. Ministry of Justice-probation counselor; 22. Ministry of Justice-judicial technical expert; 23. Ministry of Justice-forensic expert; 24. Ministry of Justice-authorized interpreter and translator; 25. National Archives of Romania-archivist; 26. Ministry of Labor, Family, Social Protection and Elderly-National Authority for Persons with Disabilities-interpreter mimic-gestual; 27. National Agency for Cadastre and Real Estate Advertising-Geodez engineer; cadastre engineer; surveyor engineer; cartographer engineer; mining surveyor engineer; geodez subengineer; cadastre subengineer; surveyor subengineer; cartographer subengineer; subengineer topographer minier; surveyor officer; artillery officer (with certificate of equivalence of studies in the field of topography and land cadastre); cartographer officer; geographer with cartography specialization; 28. National Veterinary Health and Food Safety Authority-veterinary assistant; 29. Order of General Nurses, Midwives and Nurses in Romania-nurse; 30. Ministry of Transport-Romanian Civil Aviation Authority-professions in the field of air transport: forecasting aeronautical meteorologist; aeronautical personnel for air navigation protection and aeronautical telecommunications (PNA-TC); Aircraft reception and control engineer; aeronautical technical personnel; civil aviation security auditor; 31. Ministry of Transport-Romanian Naval Authority-professions in the field of maritime transport: commander; second deck officer; mechanical chief; second engineer officer; maritime pilot; aspiring maritime pilot; deck officer; mechanical officer; officer electrician; 32. Ministry of Transport-Romanian Road Authority-professions in the field of road transport: teacher of road legislation; workshop leader in the field of repair and/or functional adjustments of road vehicles, dismantling end-of-life vehicles as well as in the field of replacement of vehicle chassis/bodywork; road safety auditor; road safety impact assessment auditor; road safety inspector; 33. Ministry of Transport-Romanian Auto Registry-ITP inspector; 34. Ministry of Transport-Road transport department-lecturer for the training and professional improvement of specialized personnel in the field of road transport; B. The regulated professions for which the duration of studies is less than the duration of 3 years of higher education: 35. Ministry of Justice-authorized interpreter and translator; 36. National Archives-Archivar; 37. Ministry of Labor, Family, Social Protection and Elderly-National Authority for Persons with Disabilities-interpreter specific language of the person with deafblindness; 38. Ministry of Internal Affairs-General Inspectorate of the Romanian Police-Directorate of weapons, explosives and dangerous substances-instructor in the shooting range; fireworks; pyrotechnic for fireworks; 39. National Agency for Cadastre and Real Estate Advertising-cadastre technician; surveyor technician; cartographer technician; mining surveyor technician; 40. National Veterinary Health and Food Safety Authority-veterinary technician; 41. Order of General Nurses, Midwives and Nurses in Romania-nurse; 42. Ministry of Transport-Romanian Civil Aviation Authority-professions in the field of air transport: flight operations dispatcher; aeronautical technical personnel; navigating mechanic; aircraft pilot; aeronautical meteorologist technician; personnel aeronautical air navigation and aeronautical telecommunication protection PNA-TC; 43. Ministry of Transport-Romanian Naval Authority-professions in the field of maritime transport, port and river maritime: port captain; port bridge officer; port mechanical chief; port mechanical officer; port electrician officer; aspiring maritime deck officer; aspiring maritime mechanical officer; aspiring maritime electrician officer; maritime timonier; motorist; maritime crew chief; maritime dinghy ruler; electrician; fitter; pompagium; maritime timonier chief; officer help mechanical; maritime pilot; aspiring maritime pilot; fluvial captain category A; fluvial captain category B; fluvial timonier; fluvial mechanical chief; mechanic; river dinghy leader; river crew chief; sailor; trainee sailor; trainee mechanic; board electrician; 44. Ministry of Transport-Romanian Road Authority-professions in the field of road transport: the person designated to permanently and effectively lead the road transport activity; safety adviser for the road transport of goods dangerous; driver of motor vehicles carrying dangerous goods; driver who carries out road transport of goods with vehicles whose maximum permissible mass is more than 3,5 tonnes; driver who carries out road transport public persons; driver who carries out road transport with vehicles having outdated masses and/or dimensions; driver who carries out road transport in taxi mode; driving instructor; 45. Ministry of Transport-Romanian Auto Registry-ITP inspector; workshop leader in the field of repair and/or functional adjustments of road vehicles, dismantling of end-of-life vehicles, as well as in the field of replacement Chassis/bodywork of vehicles; 46. Ministry of Transport-National Center for Qualification and Railway Training-CENAFER-professions in the field of railway transport: locomotive mechanic; traffic dispatcher; 47. Ministry of Economy-National Authority for Tourism-tour guide; 48. Ministry of Internal Affairs-General Inspectorate of the Romanian Police-Criminal Investigation Directorate-private investigator; 49. Ministry of Internal Affairs-General Inspectorate of the Romanian Police-Department of Public Order-security agent; objective head; security manager; security systems engineer; security department director; designer systems security; head guard formation and order; security inspector; burglar risk assessor; security consultant; shift chief; alarm center dispatcher; service dog drivers; access control agent; security guard enclosure; guard agent of body; intervention agent security and order; agent transport values; 50. The National Association of Mountain Rescuers in Romania-mountain rescuer; 51. Ministry of Labor, Family, Social Protection and Elderly-National Authority for Persons with Disabilities-professional personal assistant; personal assistant; 52. Ministry of Labor, Family, Social Protection and Elderly-National Authority for the Protection of Children's Rights and Adoption-maternal assistant; 53. Ministry of Labour, Family, Social Protection and Elderly-nanny; 54. Ministry of National Defence-Scafandri Center in Constanta (Military Unit 02145)-diver; 55. Ministry of Youth and Sports-National Center for Training and Improvement of Coaches-coach; 56. Ministry of Youth and Sports-Romanian Ski Federation Biathlon-ski monitor, snowboard and snow sliding sports. ---------- Annex 3 has been replaced by Annex 3 ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015, according to section 34 34 of art. I of the same normative act. + Annex 4 LIST regulated professions in Romania requires knowledge of Romanian 1. financial auditor; 2. tax consultant; 3. lawyer; 4. authorized accounting and accounting expert; 5. legal counsel; 6. Industrial property adviser; 7. probation counselor. ---------- Annex 4 has been replaced by Annex 4 ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015, according to section 34 34 of art. I of the same normative act. + Annex 5 Repealed. ---------- Annex 5 was repealed by section 6.6. 35 35 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. + Annex 6 LIST training cycles with a special structure within the meaning of art. 18 lit. c) of law In the United Kingdom: Regulated cycles leading to obtaining accredited qualifications as "National Vocational Qualifications" (NVQ) or accredited in Scotland as "Scottish Vocational Qualifications", at levels 3 and 4 of the " National Framework of Vocational Qualifications " from the United Kingdom. These levels are defined as follows: -level 3: the ability to execute a wide spectrum of various tasks in various situations, most of which are complex tasks and that do not involve routine. Sufficient responsibility and autonomy is required, and the functions exercised at this level often involve the supervision or framing of other persons; -level 4: the ability to execute a broad spectrum of complex, technical or specialized tasks in various situations and involving an important degree of personal responsibility and autonomy. The functions exercised at this level often involve liability for work carried out by other people and the distribution of resources. In Germany: The following types of regulated training: -regulated training courses for the exercise of the professions of assistant technician [technische (r) Assistent (in)], commercial assistant [kaufmannische (r) Assistent (in)], social professions (soziale Berufe) and the profession of instructor authorized for the technique of breathing, pronunciation and direction [staatlich geprnfte (r) Atem-, Sprech-und Stimmlehrer (in)], with a total duration of at least 13 years, requiring the completion of the high school education cycle (mittlerer BildungsabschluB) and which include: -or at least 3 years of vocational training at a specialized school (Fachschule), completed with an exam, possibly complete with a specialization cycle of one or 2 years, completed with an exam; -or at least 2 and a half years at a specialized school (Fachschule), completed with an examination and complete with a professional practice of at least 6 months or a professional internship of at least 6 months in an authorized institution; -or at least 2 years at a specialized school (Fachschule), completed with an examination and complete with a professional practice of at least one year or a professional internship of at least one year in an authorized institution; -regulated courses for the professions of technician [Techniker (in)], enterprise economist [Betriebswirt (in)], designer [Gestalter (in)] and state licensed family assistant [Familienpfleger (in)], with a total duration of at least 16 years, a condition prior to the completion of the compulsory education cycle or equivalent training (with a minimum duration of 9 years), as well as the completion of a training cycle at a vocational school (Berufsschule) of at least 3 years and including, after the conclusion a at least 2 years of professional practice, training at courses of at least 2 years or a non-frequency training of equivalent duration; -regulated training and continuous regulated training, with a total duration of at least 15 years, which generally involve the completion of the compulsory education cycle (with a minimum duration of 9 years) and a graduate professional training (as a rule of 3 years) and which generally includes at least 2 years of professional practice (3 years in most cases), as well as an examination in the ongoing training for the preparation of which additional training measures are generally taken, either in parallel with professional practice (at least 1,000 hours) or at day courses (at least one year). In Holland: The following regulated training: -regulated training with a duration of at least 15 years, which involve the graduation of 8 years of primary education followed by 4 years of general high school education (MAVO) or preparatory vocational high school (VBO) or general high school education of a higher level, plus 3 or 4 years of training in a vocational high school education institution (MBO), completed with an exam; -regulated training with a total duration of at least 16 years, involving the completion of 8 years of primary education followed by 4 years of education of a level at least equal to the preparatory professional (VBO) or general high school education of a level higher, plus at least 4 years of vocational training in apprenticeships, including a theoretical training in an institution of at least one day per week and, for the rest of the week, a practical training in a practical training centre or enterprise, completed with a level 2 or 3 graduation exam. In Austria: -training carried out in higher vocational education institutions (Berufsbildente hoehere Schulen) and higher education institutions in the field of agriculture and forestry (Hohere land-und forstwirtschaftliche Lenutrstalten), also included those of a particular type (einschlieBlich des Sonderformen), whose structure and level are determined by legal, regulatory and administrative provisions. Such training shall be at least 13 years of duration and shall include a 5-year vocational training completed by a graduation examination, the success of which is evidence of a professional competence; -training in artisan craftsmen's schools (Meisterschulen), artisan master classes (Meisterklassen), schools for the formation of artisan craftsmen in the industrial sector (Werkmeisterschulen) or schools for the formation of artisans in the construction field (Bauhandwekerschulen), the structure and level of which are determined by legal, regulatory and administrative provisions. These trainings have a total duration of at least 13 years, including 9 years of compulsory schooling, followed by either at least 3 years of vocational training in a specialized school, or at least 3 years of training in alternation in an enterprise and in a professional educational institution (Berufsschule), completed in the two cases by an exam and completed with the graduation of a training of at least one year in a school of artisan craftsmen (Meisterschule), a course of artisan craftsmen ((Meisterklasse), a school for the formation of artisan foremen in the industrial sector ((Werkmeisterschule) or a school designed for the formation of artisans in the field of construction (Bauhandwerkerschule). For the most part of the cases the total duration of the training is at least 15 years, including periods of professional experience that either precede the training cycles within the institutions (with frequency) or are accompanied by a training without frequency (at least 960 hours). --------- Annex 6 has been replaced by Annex 6 EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 706 of 18 October 2007, according to section 21 21 of art. I of the same normative act. + Annex 7 LIST the acts provided by art. 34 34 para. ((2) of the Act a) Proof of nationality of the person concerned b) Copy of the attestations of professional competence or of the title of qualification that ensure access to the profession in question and, where appropriate, the attestation of the professional experience of the person concerned. The Romanian competent authorities may invite the applicant to provide information on its training so that it can establish a possible substantial difference from the necessary national training, defined according to art. 11 11 para. (1 ^ 1) of this Law. Where the applicant is unable to provide that information, the competent Romanian authority shall address the contact point, the competent authority or any other competent body of the home Member State. c) In the case of recognition of professional experience, an attestation of the nature and duration of the activity, issued by the competent authority or body of the home Member State or of the Member State of d) The Romanian competent authority, which conditions access to a profession regulated by the presentation of evidence on the honorable, moral or absence of a bankruptcy situation or that suspends or prohibits the exercise of a profession in case of serious professional error or criminal offence, accepts as sufficient proof for the citizens of the Member States who wish to exercise that profession on the territory of Romania the presentation of documents issued by the competent authorities of the Member State of origin or the Member State from which it appears, requirements are met. When Romania is a state of origin or provenance, the Romanian competent authorities issue these documents within two months. Where they are not issued by the competent authorities of the Member State of origin or the Member State of origin, the documents referred to in the first subparagraph shall be replaced by an affidavit-or, in the Member States where there is no such an oath, a solemn declaration-made by the person concerned before a competent judicial or administrative authority or, where appropriate, to a notary or a qualified professional body of the Member State of origin or the Member State of origin, which issue a certificate attesting to that oath or that solemn declaration. e) When the Romanian authorities ask Romanian citizens, in order to have access to a regulated profession, a document on the physical or mental health of the applicant, accepts as sufficient proof for the citizens of the Member States who wish to exercising that profession on the territory of Romania presenting the document requested in the home Member State. Where the Member State of origin does not require such a document, the Romanian authorities shall accept a certificate issued by a competent authority of that State. When Romania is a state of origin or provenance, the Romanian competent authorities issue these documents within two months. f) When the Romanian authorities ask Romanian citizens, in order to have access to the regulated profession: -a proof of the financial situation of the applicant; -proof that the applicant is insured against pecuniary risks arising from professional liability in accordance with the legal and regulatory provisions in force in the host Member State as regards the terms and extension of this guarantees, accept as sufficient evidence for the citizens of the Member States who wish to exercise that profession on the territory of Romania, issued by the banks and insurance undertakings of another Member State. Documents referred to in lit. d), e) and f) have a validity of 3 months from the date of their issuance. g) if the competent authorities require all persons wishing to obtain the right to exercise the regulated profession, an attestation confirming the non-existence of temporary or definitive suspensions of the right to exercise profession or criminal convictions. ---------- Lit. g) Annex 7 has been introduced by point 36 36 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. ---------- Annex 7 was introduced by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 of 18 October 2007, having the content of Annex 7 to this Regulation. + Annex 8 LIST regulated professions to which the provisions of art. 30 30 ^ 1 and art. 35 35 ^ 4 ---------- The title of Annex 8 was amended by point 37 37 of art. I of ORDINANCE no. 43 43 of 26 August 2015 , published in MONITORUL OFFICIAL no. 660 660 of 31 August 2015. A. Professions that require at least 3 years of higher education (diploma issued by a university or university college): a) social worker; b) biologist; c) biochemist; d) chemist; e) psychologist; f) medical assistant; g) dental technician. B. The profession for which the duration of studies is less than 3 years: -nurse. ---------- Annex 8 was introduced by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 109 109 of 10 October 2007 , published in MONITORUL OFFICIAL no. 706 of 18 October 2007, having the content of Annex 8 to this Regulation. ------

Law No. 200 Of 25 May 2004 Concerning The Recognition Of Diplomas And Professional Qualifications For Regulated Professions From Romania

Original Language Title: ﻿ LEGE nr. 200 din 25 mai 2004 privind recunoaşterea diplomelor şi calificărilor profesionale pentru profesiile reglementate din România

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Original Language Title: LEGE nr. 200 din 25 mai 2004 privind recunoaşterea diplomelor şi calificărilor profesionale pentru profesiile reglementate din România