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Chapter 3, 9 December 2010 Mutual Recognition of Professional Qualifications. Recognition of Professional Qualifications in Iceland. Working with recognition of professional qualifications since 1996
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Chapter 3, 9 December 2010 Mutual Recognition of Professional Qualifications
Recognition of Professional Qualifications in Iceland Working with recognition of professional qualifications since 1996 Personal fascination (or obsession) since 1986 – qualification a requirement to enter a metal workers´ union EEA Agreement crucial in putting the spotlight on the regulation of professions Recognition of foreign qualifications an extra challenge for the administration It has since 1995 called for improved admin capacity
Implementation of Directive 2005/36/EC • Single, horizontal legislation, Act 26/2010 on Recognition of Professional Qualifications, adopted 31 March 2010 by Parliament • Contains central provisions of the Directive • Complemented by Regulation no. 879/2010 on Recognition of Professional Qualifications • Contains more detailed provisions of the recognition regime, e.g. levels of education • TOC completed shows what parts of Directive have been implemented • Outstanding: art. 10 (industry and health professions)
Implementation of Directive 2005/36/EC • Outstanding: Chapter II of the Directive (recognition of professional experience) implemented by regulation from Ministry of Industry • Outstanding: Chapter III of the Directive (minimum training conditions) implemented by regulation of Ministry of Health • Supplementary legislation from Ministry of Industry and other ministries for technical reasons • We foresee that during 2011 we will notify full implementation of the Directive • No need to adapt Icelandic regulations with regard to mininum training requirements for sectoral professions
Provisions For the purpose of applying Article 13, the professional qualifications are grouped under the following levels as described below: (a) an attestation of competence issued by a competent authority in the home Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State, on the basis of:(i) either a training course not forming part of a certificate or diploma within the meaning of points (b), (c), (d) or (e), or a specific examination without prior training, or full-time pursuit of the profession in a Member State for three consecutive years or for an equivalent duration on a part-time basis during the previous 10 years, (Regulation 879/2010, art. 10 (a)) Við meðferð umsókna um viðurkenningu á menntun og hæfi, sbr. 12. gr., skal stuðst við eftir-farandi flokkun: a. hæfnisvottorð gefið út á grundvelli: • annaðhvort náms sem fellur ekki undir vottorð eða prófskírteini í skilningi b-, c-, d- eða e-liðar eða sérstaks prófs án undangengins náms eða að umsækjandi hafi verið í fullu starfi í þrjú ár eða í samsvarandi tíma í hlutastarfi á næstliðnum tíu árum (Reglugerð um viðurkenningu á faglegri menntun og hæfi nr. 879/2010, 10. gr.)
Number of professions • 176 professions are listed as regulated in the IM database on regulated professions • Database is updated on a continuous basis • Number is accurate – this is the actual situation • EEA Agreement has put spotlight on vast regulation of professions – and we are aware of our duties in this respect
Administrative capacity • Chapter 3 is fully covered by the EEA Agreement – administrative capacity has already been secured for quite some time and valuable experience gained • Important to have a system of recognition in place – a practical approach - not just implementation on paper • Respect the rights of citizens, acquis and decisions of ECJ • A system that is streamlined to meet requirements in due time • System for recognition of professional experience has shown to be able to meet temporary extra burden, and has passed the test (Reydarfjordur Project – from 50 in 2004 to 700 appl. in 2006 for foreign craftspeople) • Time of processing applications 6-8 weeks, well within limits
Administrative capacity • Face technical challenges with regard to the IMI database in relation to requests received • We have asked DG IM to look into the matter • Small size of society means closeness between contact point and competent authorities • Contact point is in a position to provide assistance swiftly
Chapter 3: Issues that require specific attention in the negotiations The right of establishment as well as to provide services in the fisheries sector. Issue that will be dealt with under Chapter 13 on fisheries. The time limits for the implementation of the third directive on postal services (2008/6/EC) Rules on the right of establishment and investment in properties in rural areas, with the aim to maintain rural population. Issue that will be dealt with under chapter 4 on the free movement of capital). The declaration by Iceland and Norway upon the incorporation of the Services Directive (2006/123/EC) into the EEA Agreement.