Act No. 18/2004 Coll.

of 10th December 2003

on the recognition of professional qualifications and other competencies of nationals of Member States of the European Union and on the amendment of

some Acts (Act on recognition of professional qualifications)

Amendment: 96/2004 Coll. Amendment: 588/2004 Coll.

The Parliament has adopted the following Act of the Czech Republic:

PART ONE

RECOGNITION OF PROFESSIONAL QUALIFICATIONS AND OTHER COMPETENCIES OF NATIONALS OF MEMBER STATES OF THE EUROPEAN UNION

TITLE I

BASIC PROVISIONS

Section 1Scope and purpose of the Act

(1) For the purposes of a free movement of persons across the Member States of the European Union (hereinafter referred to as the “Member State” only) and in compliance with the law of the European Community1, this Act regulates the procedure to be adopted by administrative authorities and professional chambers in regard to a recognition of professional qualifications and other competencies required to take-up and pursue an employed or self-employed regulated activity (hereinafter referred to as the “pursuit of a regulated activity" only) in the territory of the Czech Republic after acquiring a professional qualification required to pursue such activity or after pursuing such activity in another Member State by a national of Member States or a family member of such national2 (hereinafter referred to as the "applicant" only).

(2) Provisions of this Act shall apply unless provisions of a special law regulate the area of professional qualifications and other competencies required for a pursuit of a regulated activity otherwise.

Section 2Fundamental principles of recognition of professional qualifications

(1) In regard to a pursuit of a regulated activity in the Czech Republic, administrative authorities and professional chambers may require a national from another Member State to meet only conditions required of citizens of the Czech Republic by a special legal regulation.

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(2) The recognition authorities shall conduct the process of deciding on recognition of professional qualifications with respect to public interest and interests of individuals and legal entities that may be violated by a pursuit of a regulated activity by a person with insufficient professional qualifications and that are protected by special legal regulations covering for the purpose conditions governing a pursuit of a regulated activity. Such protected interests include, but are not limited to, protection of life and health, protection of property, protection of consumers, protection of environment, protection of national cultural heritage, protection against serious infringement of special legal regulations or against another serious consequence.

Section 3Definitions

For the purposes of this Act, the following definitions shall apply

a) professional qualifications shall mean a competence required for a pursuit of a regulated activity demonstrated by, in particular, evidence of formal qualifications, attestation of competence or a document certifying experience with a pursuit of the activity in question (hereinafter referred to as the "evidence of professional qualifications" only), b) an evidence of formal qualifications shall mean a diploma, certificate or another evidence issued by a relevant body or institution of a Member State or similar evidence issued by a competent authority or institution of a non-member state (hereinafter referred to as the "third country" only), or a set of such evidence obtained by an applicant subsequent to the completion of his/her education or professional training (hereinafter referred to as the "education and training" only) 1. that meets requirements stipulated by a legal regulation of the Member State of origin whereby a pursuit of a regulated activity is conditioned by a professional qualification obtained and whereby the applicant is professionally qualified for a pursuit of a regulated activity in the Member State of origin, or2. that certifies a completion of education and training that prepared the applicant for a pursuit of the activity in question in the specific sphere of expertise in the given state, if the activity in question is not a regulated activity in the Member State of origin. Education and Training may include, without limitation, courses, professional training, practice supervised by a qualified person and duly completed by an examination (hereinafter referred to as the “probationary practice” only) or practice obtained during a pursuit of the activity in question under a supervision by a qualified person (hereinafter referred to as the "supervised practice” only), c) attestation of competence shall mean a document that does not form a part of the evidence of formal qualifications and that attests to a completion of a short-term training course in the Member State of origin or is awarded by a competent authority of the Member State of origin following an assessment of the personal qualities, aptitudes or knowledge, if required by a legal regulation of the Member State for a pursuit of a regulated activity, d) other competence shall mean a clean criminal record, or a fact that bankruptcy has not been declared in regard to the applicant’s property, or that the applicant proceeded with due care in his/her capacity of a proxy or of an authorized representative or a member of a body of authorized representatives or of another body of a legal entity the property of which is subject to a declaration of bankruptcy, or a fact that the applicant has never been sanctioned for an administrative breach or for a disciplinary misconduct, or a sound financial standing or a physical or mental health condition and/or insurance against the financial consequences of their professional liability caused by a pursuit of the activity in question, if required by a special legal regulation for the purposes of a pursuit of a regulated activity,

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e) the activity in question shall mean a professional activity or a set of professional activities which the applicant intends to pursue in the Czech Republic 1. provided that the applicant has obtained in the Member State of origin professional qualifications required to pursue such activity, 2. provided that the applicant is professionally trained and pursues or has pursued the activity in compliance with legal regulations of the Member State of origin, if the activity in question is not a regulated activity in the Member State of origin, or3. provided that the applicant pursues or has pursued the activity in question in the Member State of origin in compliance with legal regulations, f) a regulated activity in the Czech Republic shall mean an activity in question if evidence of formal qualifications or attestation of competence is required by a special legal regulation for a pursuit thereof in the form intended by the applicant (hereinafter referred to as the "if required in the Czech Republic" only), g) a regulated activity in a Member State of origin shall mean an activity in question 1. in case evidence of formal qualifications or attestation of competence are required by a legal regulation in a Member State of origin for a pursuit thereof, 2. practised under a professional title reserved for the holders of evidence of formal qualifications or attestation of competence, as set out in legal regulations of a Member State of origin, 3. practised in the field of health care, provided that a remuneration or reimbursement for such an activity is subject by virtue of national social security system of the Member State of origin reserved to holders of evidence of formal qualifications or attestation of competence, or 4. practised by members of a professional association the purpose of which is, in particular, to ensure a high standard of the pursuit of the activity in question, provided that such professional association - is recognized in regard to the purpose mentioned in the Member State of origin, - awards evidence of formal qualifications to its members, - issues regulations binding on its members and ensures compliance therewith, and- confers on its members the right to use a professional title or to benefit from a status to its members corresponding to the evidence of formal qualifications as set out under the second indent, h) regulated education shall mean education and training specifically geared for a preparation for a pursuit of the activity in question to the extent that the structure of such education and training and the level thereof are regulated by legal regulations of the Member State of origin or that the same are subject to supervision or accreditation by a competent authority of the Member State of origin, i) a Member State of origin shall mean a Member State in which the applicant obtained professional qualifications for a pursuit of the activity in question, or a Member State in which the applicant pursues or pursued the activity in question. A Member State of origin shall also be understood as a third country, if so provided for by provisions contained herein or in a special legal regulation. For the purposes of assessing other competence, a Member State of origin shall be understood as a Member State in which the applicant pursued the activity in question most recently or of which the applicant is a national, j) recognition authority shall mean an administrative authority or a professional chamber as set out under Section 29 (1).

Section 4Levels of evidence of formal qualifications

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(1) For the purposes of this Act, evidence of formal qualifications of level four shall be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State of origin to attest that after completing a full secondary or full secondary vocational education or, as applicable, another education required in the Member State of origin for an entry to a university or a higher education institution or to an establishment of equivalent level, the holder successfully completed a full-time or regular course of at least four years’ duration or distance-learning or external course of appropriate duration at a university or a higher education institution or establishment of equivalent level and, where appropriate, that he has successfully completed the training required in addition to such course.

(2) For the purposes of this Act, evidence of formal qualifications of level three shall be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State of origin to attest that after completing a full secondary or full secondary vocational education or, as applicable, another education required in the Member State of origin for an entry to a university or a higher education institution or to an establishment of equivalent level, the holder successfully completed a full-time or regular course of at least three years’ but no more than four years’ duration or distance-learning or external course of appropriate duration at a university, higher educational establishment or establishment of equivalent level and, where appropriate, that he has successfully completed the training required in addition to such course.

(3) For the purposes of this Act, evidence of formal qualifications of level two shall be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State of origin which to attest that the holder successfully completed a) after completing a full secondary or full secondary vocational education or, as applicable, another education required in the Member State of origin for an entry to a university or a higher education institution or to an establishment of equivalent level, the holder successfully completed a full-time or regular course of at least one year’s but no more than three years’ duration or distance-learning or external course of appropriate duration and, where appropriate, that he has successfully completed the training required in addition to such course, or b) education and training according to a directly applicable regulation of the European Community2a

(4) For the purposes of this Act, evidence of formal qualifications of level one shall be

understood as evidence of formal qualifications issued by a competent authority or institution of a Member State of origin to attest that the holder, after successfully completing secondary education, successfully completed a) another course different from the courses mentioned under paragraphs 1 to 3 in an educational establishment or employment and, where applicable, professional training required in addition to such course, or b) a professional training required in addition to secondary education.

(5) In case education and training attested by evidence of formal qualifications as set out under paragraphs 1 to 4 was received mainly outside Member States and the evidence of formal qualifications is recognized in the Member State of origin as evidence of formal qualifications which professionally qualifies the applicant for the pursuit of the regulated activity, the evidence shall be accompanied by a certificate issued by a competent authority of the Member State of origin

2a Regulation EC No. 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC amending Article 15 of Council Directive 92/51/EEC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty. Annex C of Council Directive 92/51/EEC, as amended.

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to attest that the applicant has pursued the activity in question for at least 3 years or, in case of evidence of formal qualifications of level one, for at least two years.

(6) Evidence of formal qualifications of level four shall also be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State following a successful completion of the education and training in this Member State or in another Member State and recognized by a relevant authority of the Member State of origin as evidence equivalent to evidence of formal qualifications of level four which a) professionally qualifies the applicant for a pursuit of a regulated activity in the Member State of origin [Section 3 (b)], or b) attests to education and training completed to provide the applicant with a professional training required for a pursuit of the activity in question if the activity in question is not a regulated activity in the given state and provided that such recognition had been notified to other Member States and to the Commission of the European Community (hereinafter referred to as the "Commission" only) in advance.Provision of clause one shall apply to evidence of formal qualifications of levels three, two and one, accordingly.

Section 5Professional qualifications of persons providing services

(1) Any person established3 in another Member State providing services in the territory of the Czech Republic on an occasional or temporary basis4 (hereinafter referred to as the “service provider” only) comprising a pursuit of a regulated activity may pursue such activity without applying for a recognition of professional qualifications hereunder.

(2) A recognition authority may review professional qualifications and other competence of a service provider and his/her responsible representative, if appointed, in case of a reasonable suspicion that interests listed in Section 2 (2) are seriously threatened or that unauthorized service provision is taking place. For that purpose, a recognition authority shall ask for information necessary to be delivered by a competent authority of the Member State of establishment by way described in Sections 30 to 35 or by an administrative authority notified of service provision according to a special legal regulation. Should a recognition authority identify in professional qualifications of a service provider discrepancies that seriously threaten interests listed in Section 2 (2), it shall restrict or prohibit, in view of the specific circumstances, the pursuit of a regulated activity by the service provider in the territory of the Czech Republic until the professional qualifications are recognized under this Act or under a special law. The recognition authority shall apply the principle of proportionality in the decision-making process.

(3) Within the pursuit of a regulated activity in the territory of the Czech Republic, a service provider shall use a professional title used in the Member State of origin, if such title exists, in the official language of such state; a Czech translation of such title may be used alongside such professional title.

TITLE II

PROCEDURE ADOPTED BY A RECOGNITION AUTHORITY TO RECOGNIZE PROFESSIONAL QUALIFICATIONS

Subpart 1

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General provisions on recognition of professional qualifications

Section 6

(1) If evidence of formal qualifications as set out under Section 4 is required in the Czech Republic for a pursuit of a regulated activity, a recognition authority shall proceed in accordance with Sections 8 to 15. Should an applicant be a holder of another evidence of formal qualifications or evidence of formal qualifications awarded in a third country, a recognition authority shall proceed in accordance with Section 16.

(2) If attestation of competence is required in the Czech Republic for a pursuit of a regulated activity, a recognition authority shall proceed in accordance with Section 17. If evidence attesting to a completion of general education at primary and secondary school level is required in the Czech Republic, a recognition authority shall proceed in accordance with Section 18.

(3) Should an applicant intend to pursue in the Czech Republic regulated activities listed in Schedule No. 2 hereto, a recognition authority shall proceed in accordance with Section 19.

Section 7Recognition of professional experience

(1) A recognition authority shall recognize a professional experience of an applicant provided that the applicant presents evidence of professional practice completed in a Member State in the field and of the duration required by a special legal regulation. Provisions of a special legal regulation stipulating special requirements relating to a pursuit of a professional practice shall remain unaffected.

(2) To the extent that an applicant completed a professional practice in a third country and the professional practice was recognized in a Member State of origin, paragraph 1 shall apply accordingly. To the extent that such professional practice has not been recognized in a Member State of origin, a recognition authority may require additional documents attesting to the content and length of the applicant’s professional practice.

Subpart 2Recognition of professional qualifications if evidence of formal qualifications is required in the

Czech Republic for a Pursuit of a Regulated Activity

Section 8Recognition of evidence of formal qualifications according to Section 4

(1) A recognition authority shall recognize applicant’s professional qualifications pursuant to conditions set out in Sections 11 and 12 as equivalent to professional qualifications required in the Czech Republic, provided that the applicant a) is a holder of evidence of professional qualifications according to Section 4 which qualifies the applicant for a pursuit of a regulated activity in a Member State of origin [Section 3 (b)] and which is of a corresponding level or is one level lower5 than the evidence of formal qualifications required in the Czech Republic, b) pursued, during the previous 10 years, the activity in question for 2 years on a full time basis or for an equivalent period of time on a part time basis in the Member State of origin in which the activity in question is not a regulated activity, and is a holder of evidence of formal qualifications

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according to Section 4 which shows that the applicant completed education and training which provide, in the given Member State, professional training for a pursuit of the activity in question and which is of a corresponding level, or is one level lower6 than the level of the evidence of formal qualifications required in the Czech Republic, or c) is a holder of evidence of formal qualifications according to Section 4 awarded upon a completion of regulated education which provide, in the Member State of origin, professional training for a pursuit of the activity in question and which is of a corresponding level, or is one level lower6 than the level of the evidence of formal qualifications required in the Czech Republic.

(2) Should the applicant intend to pursue a regulated activity in the Czech Republic and should evidence of formal qualifications of level three of two be required for a pursuit thereof, a recognition authority shall recognize applicant’s professional qualifications under conditions set out in Sections 11 and 12, provided that the applicant presents, under a directly applicable regulation of the European Community6a, evidence of regulated education which provides a professional training for a pursuit of the activity in question in the Member State of origin.

(3) Should the applicant intend to pursue a regulated activity in the Czech Republic and should evidence of formal qualifications of level one be required for a pursuit thereof, a recognition authority shall recognize applicant’s professional qualifications under conditions set out in Section 12, provided that the applicant had been pursuing the activity in question for 3 years on a full time basis or for an equivalent period of time on a part time basis, during the previous 10 years in the Member State of origin where the activity in question is not a regulated activity.

Section 9Recognition of professional experience

Should professional experience be required in addition to an obtained evidence of formal qualifications in the Czech Republic and should it be impossible to recognize applicant’s professional practice according to Section 7, such professional practice shall be understood as supervised practice which forms a part of education and training required in the Czech Republic.

Section 10Compensation measures

Prior to recognizing applicant’s professional qualifications, a recognition authority may require that the applicant proves a pursuit of the activity in question in the stipulated length of time, undergoes an adaptation period or passes an aptitude test (hereinafter referred to as the "compensation measure" only). A recognition authority may impose one compensation measure only.

Section 11Proofs of pursuit of activity in question

(1) A recognition authority may require of an applicant a proof of a pursuit of an activity in question in the Member State of origin, provided that a) the applicant intends to pursue a regulated activity in the Czech Republic for which evidence of formal qualifications of a higher level than level one is required, b) the applicant is a holder of evidence of formal qualifications of a higher level than level one and

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c) the duration of applicant’s education and training following a completion of a full secondary, full secondary vocational or secondary education (hereinafter referred to as the "duration of education and training" only) is at least one year less than that required in the Czech Republic (hereinafter referred to as the "shortfall").

(2) In case of evidence of formal qualifications according to Section 4 (6), the applicant’s duration of education and training shall be understood as the length of education and training required for an award of evidence of formal qualifications of an respective level in the recognizing Member State.

(3) No proof of a pursuit of an activity in question shall be required if evidence of education and training is required for a pursuit of such activity in the Czech Republic under a directly applicable regulation of the European Community2a.

(4) A required period of a pursuit of an activity in question may not exceed 4 years and may not exceed a) twice the shortfall where the shortfall relates to studies or probationary practice, b) the shortfall where the shortfall relates to supervised practice.

(5) A recognition authority shall specify the period of a pursuit of the activity in question in its decision as set out in Section 24.

(6) The period for which the applicant pursued the activity in question in the Member State of origin under Section 8 (1) (b) shall be included in the period of a pursuit of the activity in question pursuant to preceding paragraphs.

Adaptation period and aptitude test

Section 12

(1) Unless stipulated otherwise herein or in a special law, a recognition authority may require an applicant to undergo an adaptation period or sit an aptitude test, provided that

a) the content of the applicant’s education and training differs substantially, as far as theoretical and practical knowledge indicated in the applicant’s evidence of formal qualifications is concerned, from the content of education and training required in the Czech Republic,

b) the applicant intends to pursue, within a profession pursued in the Czech Republic, a set of regulated activities, and pursues or has pursued only some of these regulated activities in the Member State of origin, and the content of the applicant’s education and training substantially differs from the content of education and training required in the Czech Republic, or c) a recognition authority proceeds according to Section 8 (3).

(2) A recognition authority shall not impose a compensation measure set out under paragraph 1 and shall recognize applicant’s professional qualifications to the extent that the substantial difference in the content of education and training is made up for by knowledge or experience gained throughout the existing pursuit of the activity in question or attested to based on another evidence of professional qualifications of the applicant.

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(3) The following definitions shall apply for the purposes of paragraphs 1 and 2 a) the content of education and training required in the Czech Republic shall mean theoretical and practical areas that form a part of the content of the education and training leading to an award of an evidence of formal qualifications required in the Czech Republic as necessary for a pursuit of a regulated activity, b) in order to assess whether a difference in the content of education and training is substantial, a recognition authority shall consider, in particular, whether the applicant’s professional qualifications provide for a guarantee to secure interests listed in Section 2 (2) comparable to guarantees required by a special legal regulation covering conditions of a pursuit of a regulated activity; a recognition authority shall apply the principle of proportionality in the decision-making process.

(4) To the extent that a recognition authority imposes a compensation measure under paragraph 1, an applicant shall be allowed by a recognition authority to choose between an adaptation period and an aptitude test. In case of a regulated activity listed in Schedule No. 4 hereto, a recognition authority shall impose a compensation measure indicated therein.

(5) A special legal regulation or a professional regulation shall specify theoretical and practical areas that form a part of the education and training required in the Czech Republic for a pursuit of a regulated activity according to paragraph 3 (a).

Section 13

(1) An adaptation period shall be understood as a period of the pursuit of a regulated activity in the Czech Republic under supervision of a qualified person. An adaptation period may also include further education and training designed to provide additional professional qualifications.

(2) A recognition authority shall specify a list of subjects missing in the applicant’s professional qualifications according to the evidence submitted, the knowledge of which is necessary for a Pursuit of a Regulated Activity. Such subjects may include both theoretical knowledge and practical skills required for a pursuit of a regulated activity.

(3) A recognition authority shall determine in its decision according to Section 24 conditions to apply to performance in the adaptation period, including a) duration of the adaptation period, b) areas referred to in paragraph 2, the knowledge of which shall be covered by the applicant during the adaptation period, c) the method of an assessment of the adaptation period.

(4) The duration of an adaptation period may not exceed 3 years. To the extent that an applicant intends to pursue a regulated activity in the Czech Republic where evidence of formal qualifications of the first level is required, the duration of an adaptation period may not exceed 2 years.

(5) Based on an opinion of a qualified person referred to in paragraph 1, a recognition authority shall assess whether the purpose of an adaptation period was accomplished following the lapse of time specified in paragraph 3 (a) or upon an applicant’s request which may be placed no

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earlier than following a lapse of half of the time referred to and then every six months. The purpose of an adaptation period is accomplished if the applicant demonstrates knowledge of areas referred to in paragraph 3 (b). In that case a recognition authority shall recognize applicant’s professional qualifications.

Section 14

(1) An aptitude test shall be understood as an examination the aim of which is to assess the ability of the applicant to pursue a regulated activity in the Czech Republic. An aptitude test shall take place before a recognition authority, another administrative authority, at a higher education institution or another educational establishment of the respective target specialization (hereinafter referred to as the "examination establishment").

(2) A recognition authority shall specify a list of subjects missing in the applicant’s professional qualifications according to the evidence submitted, the knowledge of which is necessary for a pursuit of a regulated activity. Such subjects may include both theoretical knowledge and practical skills required for a pursuit of a regulated activity.

(3) A recognition authority shall determine in its decision according to Section 24 conditions to apply to an aptitude test, including a) areas referred to in paragraph 2 to be covered by an aptitude test, and b) the procedure and the method of an assessment of the aptitude test.

(4) An aptitude test shall generally consist of a written and oral part. An aptitude test shall

be generally sat in the Czech language. Costs associated with the completion of an aptitude test of no more than CZK 3,000 shall be covered by the applicant.

(5) The examination establishment shall make an assessment whether an applicant passed or failed the aptitude test. An applicant shall pass the examination in case he/she demonstrates knowledge referred to in paragraph 3 (a). In such case a recognition authority shall recognize the applicant’s professional qualifications.

Section 15

A special legal regulation or a professional regulation may set details relating to a determination of a required period of a pursuit of a regulated activity and of conditions to apply to performance in an adaptation period or to an aptitude test, specifically for individual regulated activities or for sets of regulated activities.

Section 16Special cases of recognition of Evidence of Professional Qualifications

(1) Should an applicant be a holder of another evidence of formal qualifications different from that according to Section 4 or of an evidence of formal qualifications for a pursuit of a regulated activity in an area listed in Schedule No.2 hereto, and his/her professional qualifications have not been recognized pursuant to Section 19 (1), or should an applicant have been awarded evidence of formal qualifications in a third country, save for the case referred to in Section 4 (5), a recognition authority shall examine the knowledge and skills attested to by the applicant’s evidence of professional qualifications and compare the same with the content of education and training

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required in the Czech Republic. The recognition authority shall recognize the applicant’s professional qualifications unless it demonstrates that there is a substantial difference between the content of the applicant’s education and training and the content of education and training required in the Czech Republic. Otherwise a recognition authority shall invite an applicant to choose between an adaptation period and an aptitude test. Provisions of Sections 9 and 12 to 14 shall apply accordingly.

(2) To the extent that the evidence of formal qualifications awarded to an applicant in a third country failed to be recognized in the Member State of origin, a recognition authority may require additional evidence attesting to a content of applicant’s education and training.

Subpart 3Special methods of recognizing professional qualifications

Section 17Recognition of attestation of competence

If attestation of competence is required in the Czech Republic for a pursuit of a regulated activity, a recognition authority shall recognize professional qualifications of an applicant, provided that the applicant a) holds attestation of competence required in the Member State of origin for a pursuit of a regulated activity and awarded by a relevant authority or institution of that Member State, or b) demonstrates other professional qualifications obtained in the Member State if the applicant’s professional qualifications provide a guarantee to secure interests listed in Section 2 (2) comparable with guarantees required by a special legal regulation covering conditions of a pursuit of a regulated activity.

Section 18Recognition of evidence of completion of general education at primary and secondary school level

If evidence attesting to a completion of elementary or general secondary education is required in the Czech Republic for a pursuit of a regulated activity, a recognition authority shall recognize applicant’s professional qualifications if the applicant is a holder of evidence of education of a corresponding level awarded by a relevant authority or institution of another Member State.

Section 19Recognition of professional qualifications for a pursuit of a regulated activity in areas listed in

Schedule No.2 hereto

(1) A recognition authority shall recognize applicant’s professional qualifications for a pursuit of a regulated activity in areas listed in Schedule No. 2 hereto, if the activity in question has been pursued by the applicant in the Member State of origin as defined below a) in case of the activities in list No.1 of Schedule No.2 hereto 1. for 6 consecutive years in either a self-employed or managerial capacity, 2. for 3 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she is a holder of evidence attesting to at least three years’ education and training for a pursuit of the activity in question in the Member State of origin, 3. for 3 consecutive years in a self-employed capacity where the applicant proves that he/she has pursued the activity in question for at least 5 years in an employed capacity, or

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4. for 5 consecutive years in a managerial capacity of which at least 3 years were spent in technical posts with responsibility for one or more departments of the undertaking where the applicant proves that he/she is a holder of evidence attesting to at least three years’ education and training for a pursuit of the activity in question in the Member State of origin

while in cases referred to in (1) and (3) the pursuit of the activity shall not have ceased more than 10 years before the date on which the application under Section 22 is submitted, b) in case of the activities in list No.2 of Schedule No.2 hereto1. for 6 consecutive years in either a self-employed or managerial capacity, 2. for 3 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she is a holder of evidence attesting to at least three years’ education and training for a pursuit of the activity in question in the Member State of origin, 3. for 4 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she is a holder of evidence attesting to at least two years’ education and training for a pursuit of the activity in question in the Member State of origin, 4. for 3 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she has pursued the activity in question for at least 5 years in an employed capacity,5. for 5 consecutive years in an employed capacity where the applicant proves that he/she is a holder of evidence attesting to at least three years’ education and training for a pursuit of the activity in question in the Member State of origin, or6. for 6 consecutive years in an employed capacity where the applicant proves that he/she is a holder of evidence attesting to at least two years’ education and training for a pursuit of the activity in question in the Member State of origin,

while in cases referred to in (1) and (4) the pursuit of the activity shall not have ceased more than 10 years before the date on which the application under Section 22 is submitted, c) in case of the activities in list No.3 of Schedule No.2 hereto1. for 6 consecutive years in either a self-employed or managerial capacity,2. for 3 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she is a holder of evidence attesting to at least three years’ education and training for a pursuit of the activity in question in the Member State of origin, or 3. for 3 consecutive years in a self-employed capacity where the applicant proves that he/she has pursued the activity in question for at least 5 years in an employed capacity,

while in cases referred to in (1) and (3) the pursuit of the activity shall not have ceased more than 10 years before the date on which the application under Section 22 is submitted, d) in case of the activities in list No.4 of Schedule No.2 hereto 1. for 5 consecutive years in either a self-employed or managerial capacity,2. for 2 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she is a holder of evidence attesting to at least three years’ education and training for a pursuit of the activity in question in the Member State of origin,3. for 3 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she is a holder of evidence attesting to at least two years’ education and training for a pursuit of the activity in question in the Member State of origin,4. for 2 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she has pursued the activity in question for at least 3 years in an employed capacity, or5. for 3 consecutive years in an employed capacity where the applicant proves that he/she is a holder of evidence attesting to at least two years’ education and training for a pursuit of the activity in question in the Member State of origin,

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e) in case of activities included in list no.5 of Schedule No. 2 hereto, for 3 years in a self-employed or managerial capacity, provided that the pursuit of the activity in question shall not have ceased more than 2 years or, if permitted by a special legal regulation to interrupt a pursuit of a regulated activity for a longer period of time, longer, before the date on which the application under Section 22 was submitted, f) in case of activities included in list No.6 of Schedule No. 2 hereto1. for 3 consecutive years in either a self-employed or managerial capacity,2. for 2 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she is a holder of evidence of formal qualifications attesting to education and training for a pursuit of the activity in question in the Member State of origin,3. for 2 consecutive years in a self-employed or managerial capacity where the applicant proves that he/she has pursued the activity in question for at least 3 years in an employed capacity, or4. for 3 consecutive years in an employed capacity where the applicant proves that he/she is a holder of evidence of formal qualifications attesting to education and training for a pursuit of the activity in question in the Member State of origin,

while in cases referred to in (1) and (3) the pursuit of the activity shall not have ceased more than 10 years before the date on which the application under Section 22 is submitted.

(2) A pursuit of an activity in question in a managerial capacity under paragraph 1 shall be understood as a pursuit of an activity in question in the respective occupational field in the capacity of a) a manager of an undertaking or a manager of a branch thereof, b) an agent of trade acting under authority to the proprietor or a person referred to under subparagraph (a), or c) an employee in managerial post with duties of a commercial or technical nature with a responsibility for one or more departments of the undertaking.

(3) In case an applicant is a holder of evidence attesting to at least two years’ but less than three years’ education and training for a pursuit of an activity in question in a Member State of origin, such evidence shall be regarded as evidence of three years’ education and training referred to in paragraph 1; a required period of experience with the pursuit of the activity in question in a self-employed or managerial capacity under paragraph 1 (a) (2) and (4), (b) (2), (c) (2) and (d) (2) or in an employed capacity under paragraph 1 (b) (5) shall be extended by the shortfall in the education and training.

(4) To the extent that the applicant’s professional qualifications may not be recognized under paragraph 1, provision of Section 16 shall apply accordingly.

TITLE III

RECOGNITION OF OTHER COMPETENCE

Section 20

(1) Should a clean criminal record be required for a pursuit of a regulated activity in the Czech Republic, evidence issued by a relevant authority of the Member State of origin certifying

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that such condition has been met shall be regarded as sufficient. Such evidence shall be an extract from the criminal record registry or a corresponding document issued by a relevant authority of the Member State of origin which certifies that conditions of a clean criminal record required for a pursuit of a regulated activity have been met.

(2) Should it be required for a pursuit of a regulated activity in the Czech Republic to provide evidence of the fact that bankruptcy has not been declared in regard to the applicant’s property, or that the applicant proceeded with due care in his/her capacity of a proxy or of an authorized representative or a member of a body of authorized representatives or of another body of a legal entity the property of which is subject to a declaration of bankruptcy, or of the fact that the applicant has never been sanctioned for an administrative breach or for a disciplinary misconduct in association with the pursuit of the activity in question, evidence issued by a relevant authority of the Member State of origin which certifies the above shall be regarded as a sufficient proof thereof.

(3) In case evidence referred to under paragraphs 1 and 2 are not issued by relevant authorities of the Member States, they shall be replaced by an oath or solemn declaration made by the applicant before a competent authority of the member State of origin or, where appropriate, a notary established in the Member State of origin.

(4) Should a proof of good physical or mental health condition be required of an applicant for the purposes of a pursuit of a regulated activity in the Czech Republic, the evidence certifying a satisfactory health condition required in the Member State of origin shall be regarded as a sufficient proof. In case a health condition is not a criterion considered in the Member State of origin for the purposes of a pursuit of a regulated activity, a document issued by a relevant authority of the Member State of origin certifying that the condition set by a special legal regulation of the Czech Republic has been met shall be regarded as a sufficient proof.

(5) Should it be required for a pursuit of a regulated activity in the Czech Republic to provide evidence of a sound financial standing for the pursuit of the regulated activity, a certificate issued by a bank in the Member State of origin certifying that the condition set by a special legal regulation of the Czech Republic has been met shall be regarded as a sufficient proof.

(6) Should it be required for a pursuit of a regulated activity in the Czech Republic to provide evidence of an insurance against the financial risks arising from their professional liability in relation to a pursuit of a regulated activity, a certificate issued to an applicant by an insurance undertaking in the Member State of origin shall be regarded as a sufficient proof if it clearly shows that the extent of cover and terms of the insurance meet the requirements set by the special legal regulation.

(7) Should the applicant be required, for the purposes of a pursuit of a regulated activity in the Czech Republic, to make a solemn declaration where the form of such declaration may not apply to nationals of another member State particularly due to their nationality, religious faith or a contradiction thereof with their conscience, the recognition authority shall provide the applicant with a possibility to make a solemn declaration in a different way, as convenient.

(8) Evidence referred to under paragraphs 1 to 4 and 6 shall not date from more than 3 months after their date of issue.

Section 21

Knowledge of the Czech language is required to the extent that is necessary for a pursuit of a regulated activity.

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TITLE IV

PROCEEDINGS TO RECOGNIZE PROFESSIONAL QUALIFICATIONS

Section 22Application

(1) An applicant shall submit an application for recognition of professional qualifications to a recognition authority. An applicant may also submit the application to the Ministry of Education, Youth and Sports (hereinafter referred to as the "Ministry" only) which shall pass the application without undue delay to a recognition authority. At the same time, an applicant may apply for recognition of other competence.

(2) In the application, the applicant shall indicate the following a) a name and surname, date of birth, nationality, address to be used for a delivery of correspondence, b) the regulated activity intended to be pursued in the Czech Republic, c) the intended form of the pursuit of a regulated activity (as an entrepreneur, as an employee).

(3) Unless stipulated otherwise herein, the applicant shall provide the following evidence to back up his/her application a) an identity card and a certificate attesting the applicant’s nationality, b) evidence of professional qualifications, c) evidence of other competence, d) evidence attesting a payment of the administrative fee.

A recognition authority shall, however, require an applicant to submit only such documents that are necessary to handle the application.

(4) The evidence of formal qualifications shall make clearly apparent the level thereof and, as the case may be, other elements required herein or in a special legal regulation, and shall clearly show the duration and content of the education and training attested thereby.

(5) Evidence of a pursuit of the activity in question shall be evidence awarded by a competent authority or institution of a Member State of origin if the activity in question is a regulated activity in the territory thereof or subject to supervision by an administrative authority. To the extent that the activity in question is not a regulated activity in the Member State of origin, the pursuit of the activity in question is not subject to supervision by an administrative authority and a competent authority or institution issue no such evidence, evidence of a pursuit of the activity in question may also be evidence certifying a pursuit of the respective activity in a self-employed capacity by the applicant, evidence issued by the applicant’s employer or another evidence attesting that the activity in question was pursued by the applicant in the Member State of origin. Evidence of a pursuit of the activity in question shall contain details necessary to handle the application for

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recognition of professional qualifications including, but not limited to, details regarding the duration, content and form of the pursuit of the activity in question.

(6) The evidence referred to in paragraph 3 shall be presented as an original or a copy. Evidence referred to in paragraph 3 (b) and (c) shall be translated into the Czech language unless it is issued in the Czech language and unless stipulated otherwise by an international treaty binding on the Czech Republic. In the case of doubt regarding the correct nature of the translation, a recognition authority may require a translation of the evidence into the Czech language to be completed by an interpreter registered in the Record of Forensic Experts and Interpreters7.

(7) Evidence issued by competent authorities of Member States shall be regarded as a official document. Stamps and signatures on the instrument referred to shall not be authenticated. In the case of doubt on the part of the recognition authority regarding the authenticity of the evidence presented, the competent authority of another Member State according to Sections 30 to 35 shall be asked to confirm the authenticity thereof.

Section 23Proceedings

Proceedings relating to recognition of professional qualifications before a recognition authority shall be conducted in the Czech language.

Section 24Decision

(1) In case the applicant’s professional qualifications are recognized by the recognition authority, the recognition authority shall issue a decision thereon. In addition to general information, the recognition authority shall indicate the following in the decision a) the regulated activity covered by the professional qualifications recognized, and b) the form of the pursuit of the regulated activity covered by the professional qualifications recognized.

(2) Should a recognition authority require an applicant to satisfy compensation measures prior to recognition of professional qualifications, the compensation measure required shall be indicated in the decision of the recognition authority. To the extent that a recognition authority proceeds in accordance with Section 11, the duration of a pursuit of the activity in question shall be indicated in the decision. To the extent that a recognition authority proceeds in accordance with Section 12, it shall specify in its decision requirements relating to the adaptation period or aptitude test (Section 13 (3), Section 14 (3)). Where the choice between an adaptation period and a aptitude test is to be made by an applicant, requirements relating to both compensation measures shall be specified. An applicant becomes qualified for a pursuit of a regulated activity pursuant to a special legal regulation only upon a decision issued in accordance with paragraph 6. A recognition authority shall indicate the same in its decision.

(3) A recognition authority shall issue a decision to reject an application for recognition of professional qualifications in case professional qualifications may not be recognized.

(4) Should the application for recognition of professional qualifications also contain an application for recognition of other competence, the recognition authority shall, at the same time,

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decide on whether the applicant satisfies requirements relating to other competence as required for a pursuit of a regulated activity by a special legal regulation.

(5) A recognition authority shall make a decision regarding an application within 90 days following the date on which a complete application was presented, including all documents required for the purposes of an assessment of the application. A recognition authority shall make a decision within 120 days in cases that are extraordinarily complicated or that imply requests for information according to Section 32. Once the decision becomes final and conclusive, a recognition authority shall return to the applicant documents indicated in Section 22 (3) if presented as an original or a notarized copy.

(6) Should an applicant subsequently demonstrate that a compensation measure referred to in a decision issued according to paragraph 2 has been satisfied, a recognition authority shall issue a decision thereon without undue delay. Such decision shall not be subject to an administrative fee.

Section 25Joint proceedings

(1) Proceedings to recognize professional qualifications shall be conducted either independently or within proceedings to decide on taking-up a regulated activity. The competent authority responsible for the proceedings shall submit documents necessary for a decision on recognition of professional qualifications to a recognition authority. The time limit referred to in Section 24 (5) shall apply to joint proceedings. Should a recognition authority issue a decision according to Section 24 (2), proceedings relating to taking-up a regulated activity shall be suspended and shall continue as soon as the applicant demonstrates that a compensation measure has been satisfied.

(2) Joint proceedings may not be conducted a) in case the right to take-up a regulated activity is created based on a notice or notification, or b) in case of activities regulated by the Trade Licensing Act.

TITLE V

LEGAL EFFECTS OF RECOGNITION OF PROFESSIONAL QUALIFICATIONS

Section 26

(1) An applicant whose professional qualifications have been recognized hereunder shall be deemed as a person who is qualified for a pursuit of a regulated activity under special legal regulations. Should other requirements or, where appropriate, other competencies, apply in addition to the requirement of the professional qualifications to a pursuit of a regulated activity in the Czech Republic, the same shall remain unaffected by a recognition hereunder.

(2) Recognition of professional qualifications shall not constitute a legal claim on the part of the applicant for an employment, service or another relation.

(3) Provisions of special legal regulations covering recognition of foreign education in the Czech Republic8 shall not apply to recognition hereunder; requirements set by special legal regulations for an admission to a course at a higher professional school9 or at a higher educational institution10 shall remain unaffected by recognition of professional qualifications hereunder.

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Section 27

Use of professional titles To the extent that a regulated activity is reserved in the Czech Republic exclusively to

individuals using, in association with a pursuit of a regulated activity, a special professional title according to a special legal regulation, an applicant whose professional qualifications and other competence have been recognized hereunder or under another law and who satisfied additional requirements stipulated by a special legal regulation for a pursuit of a regulated activity in the Czech Republic may use such professional title.

TITLE VI

PUBLIC ADMINISTRATION IN THE AREA OF RECOGNITION OF PROFESSIONAL QUALIFICATIONS

Section 28Ministry

(1) The central administrative authority responsible for the coordination of administrative activities in the area of recognition of professional qualifications shall be the Ministry.

(2) The Ministry shall a) coordinate activities of recognition authorities hereunder in the Czech Republic, b) represent the Czech Republic in the group of national coordinators on the European Community level11, c) act together with the Ministry of Industry and Trade as a contact point for the system of recognition of professional qualifications according to this Act, to special legal regulations and legal regulations of the European Community1 (hereinafter referred to as the "general system of recognition of professional qualifications") by, in particular, providing information on the general system of recognition of professional qualifications, special legal regulations regulating requirements relating to a pursuit of a regulated activity, on possibilities and conditions relating to recognition of evidence of professional qualifications in the Czech Republic, on the subject matter jurisdiction of recognition authorities and on requirements that apply to an application hereunder, d) act together with the Ministry of Industry and Trade as a contact point for the general system of recognition of professional qualifications for nationals of Member States who intend to apply in another Member State for recognition of professional qualifications obtained in the Czech Republic and intended for a pursuit of a regulated activity in another Member State by, in particular, providing information on contact points in other Member States, e) keep a registry of all applicants including information relating to outcomes of proceedings conducted in regard to recognition of their professional qualifications, f) carry out administrative cooperation according to Sections 30 to 35, g) negotiate with the Commission regarding derogations from the obligation to allow an applicant to choose between an adaptation period and an aptitude test 12,

h) negotiate with the Commission regarding amendments to legal regulations of the European Community covering the area of the general system of recognition of professional qualifications13,

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i) produce regular reports for the Commission relating to the application hereof or of special legal regulations in the area of the General Scheme of Recognition of Qualifications,

j) provide effective wording hereof or of special legal regulations in the area of the general system of recognition of professional qualifications to other Member States and to the Commission,

k) publish a list of regulated activities applicable in the Czech Republic by means of a Communication in the Official Journal of the Ministry of Education, Youth and Sports, and structured according to the jurisdiction of recognition authorities and according to the applicability of the directives of the European Community in the area of the general system of recognition of professional qualifications, and keep the list up to date,

l) publish a list of professional associations according to Section 3 (g) (4) by means of a Communication in the Official Journal of the Ministry of Education, Youth and Sports, and keep the list up to date14.

(3) The Minister of Education, Youth and Sports shall appoint and recall a national coordinator of the Czech Republic responsible for the general system of recognition of professional qualifications (hereinafter referred to as the "national coordinator” only) who shall perform the Ministry’s tasks indicated in paragraph 2 (a), (b) and (f).

(4) For the purposes of performing tasks indicated in paragraph 2, the Ministry may establish organizational branches of the government15.

Section 29Recognition authority

(1) The recognition authority that may make a decision on a specific case of recognition of professional qualifications shall be the central administrative authority of the Czech Republic with jurisdiction over, or as close as possible to, the regulated activity. To the extent that an applicant intends to pursue a regulated activity as an entrepreneur in the form of trade or as a responsible representative of a holder of a trade license, the recognition authority shall be the Ministry of Industry and Trade. Should a license required to pursue a regulated activity be subject to a decision of a professional chamber according to a special legal regulation, the recognition authority shall be the professional chamber.

(2) The recognition authority shall a) receive applications for recognition of professional qualifications (Section 22) and decide on such applications, b) keep a registry of applicants including information on the progress made in the proceedings conducted therewith in regard to recognition of their professional qualifications, c) cooperate with the Ministry on the completion of tasks indicated in Section 28 (2) (c to k), d) inform applicants of possibilities and conditions of recognition of evidence of professional qualifications in the Czech Republic, of special legal regulations covering requirements relating to a pursuit of a regulated activity and of required elements relating to an application hereunder,

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e) issue, within its jurisdiction, legal or professional regulations to specify the stipulation of a required duration of a pursuit of an activity in question according to Section 11 and of requirements relating to an adaptation period or an aptitude test pursuant to Sections 13 and 14, and to set out theoretical and practical areas that form the content of education and training required in the Czech Republic for a pursuit of a regulated activity pursuant to Section 12 (3) (a), and

f) complete other tasks stipulated herein or in a special legal regulation.

(3) Other administrative authorities, higher education institutions and other educational establishments in the Czech Republic shall take part in proceedings to recognize professional qualifications, if so requested by recognition authorities. For that purpose, they shall, in particular, provide a recognition authority with explanations, expert statements and assist with organizing aptitude tests.

(4) Nationals of Member States who intend to pursue a regulated activity in another Member State shall be awarded by a recognition authority evidence attesting to

a) the duration, content and form of the pursuit of the activity in question in the Czech Republic where such activity is subject to a supervision by a recognition authority or another administrative authority in the Czech Republic, b) the fact whether the individual satisfies the requirement of a clean criminal record as necessary for a pursuit of the activity in question according to a special legal regulation, if so required thereby, and whether the individual has been subject to administrative or disciplinary sanctions in association with the pursuit of the activity in question in the Czech Republic, c) the fact whether the activity in question is a regulated activity in the Czech Republic and whether the individual is qualified for the pursuit thereof, and d) the fact whether the individual satisfies physical or mental health requirements, if any, that apply to the pursuit of the regulated activity according to a special legal regulation.

TITLE VII

ADMINISTRATIVE COOPERATION WITH AUTHORITIES OF MEMBER STATES

Section 30

(1) Authorities responsible for administrative tasks relating to recognition of professional qualifications shall provide, request or receive information when cooperating with competent authorities of other Member States. The administrative cooperation shall be conducted with the aim to communicate, establish and verify facts that are relevant for an issuance of a decision according to Section 24 or with the aim to coordinate a joint action of Member States in the area of recognition of professional qualifications.

(2) The administrative cooperation shall be conducted in compliance with provisions of this Title and of special legal regulations, unless stipulated otherwise by an international treaty binding on the Czech Republic or by a legal regulation of the European Communities.

(3) The administrative cooperation shall cover information relating to

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a) a joint action of competent authorities of Member States in the area of recognition of professional qualifications, b) the fact whether a service provider (Section 5) is established in another Member State and whether the same has satisfied all requirements stipulated by legal regulations of the Member State of establishment for a pursuit of an activity in question, c) the fact whether the activity in question is a regulated activity in the Member State of origin, d) the fact whether the applicant’s education and training is a regulated education,

e) the fact whether the applicant has been convicted by a final and conclusive judgment for a criminal offence or sanctioned for an administrative breach or a disciplinary misconduct associated with the pursuit of the activity in question, f) the authenticity of evidence of professional qualifications, and g) other facts decisive for an issuance of a decision according to Section 24.

Section 31Authorities with responsibilities for administrative cooperation

The Ministry, the national coordinator or a recognition authority (hereinafter referred to as the “competent authority in the Czech Republic” only) shall be the authorities that shall be responsible in the Czech Republic for administrative cooperation. Within the administrative cooperation, the competent authority in the Czech Republic shall communicate with competent authorities of another Member State generally including a national coordinator of the Member State or an authority of the Member State having jurisdiction over the regulation of the activity in question or supervising over the pursuit of the activity in question (hereinafter referred to as the “competent authority of another Member State” only).

Section 32Requesting information

(1) The competent authority of the Czech Republic may, after exhausting its own ordinary sources of information that may be used for the purpose, require information to be furnished by a competent authority of another Member State if facts decisive for an issuance of a decision according to Section 24 need to be established or verified.

(2) The competent authority of the Czech Republic shall submit a written request to a competent authority of another Member State. The request shall include, to the extent necessary and in addition to elements required by legal regulations of the Member State in question, details of the information required as well as details relating to the subject matter of the proceedings to recognize professional qualifications, as well as identification details of the applicant.

(3) The competent authority of the Czech Republic may make another verbal or written arrangement with the competent authority of another Member State regarding the form of requesting information.

(4) Should the competent authority of another Member State fail to provide the information requested in a timely manner allowing for a decision on recognition of professional qualifications to

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be made in the time limit stipulated in Section 24 (5), the recognition authority shall make a decision based on the evidence gathered.

(5) The information obtained may be submitted by the competent authority of the Czech Republic to another Member State only with the consent of the competent authority of the Member State that provided the information.

Section 33Providing information

(1) The competent authority of the Czech Republic, if requested by the competent authority of another Member State, shall carry out necessary investigation and provide the information requested without undue delay. In case it is impossible to provide the information within 30 days, the competent authority of another Member State shall be notified thereof.

(2) Information may be established and provided to the competent authority of another Member State only to the extent permitted by legal regulations of the Czech Republic.

(3) The competent authority of the Czech Republic may refuse to provide information to a competent authority of another Member State, provided that a) a special law contains stricter conditions relating to the obligation of confidentiality than those contained in the legislation of the requesting Member State, to the extent that such state fails to satisfy such stricter conditions, b) a provision of information would lead to a breach of the obligation of confidentiality imposed by a special legal regulation or a disclosure of the information concerned would be in conflict with the national security or with the public order, c) the competent authority of the requesting Member State has not exhausted its ordinary sources of information that may, in view of the circumstances, be used to obtain the information required, or d) the requesting Member State is unable to provide corresponding information due to practical or legal reasons.

(4) To the extent that there are obstacles referred to in paragraphs 2 or 3 hindering the process of establishing or providing the information requested, the competent authority of the Czech Republic shall immediately notify the competent authority of another Member State and indicate reasons behind such situation.

Section 34Mutual exchange of information

The competent authority of the Czech Republic may agree, either verbally or in writing, with the competent authority of another Member State on the type and the scope of information to be, in regard to specific groups of individual cases, provided and received on the basis of reciprocity, as well as on the form of submission of such information and time limits applicable thereto. Provisions of Sections 32 (4) and (5) and Section 33 (2) to (4) shall apply accordingly.

Section 35Protection of information and personal data

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The obligation of confidentiality stipulated by a special legal regulation shall apply to the information provided within the administrative cooperation. The protection of personal data shall be governed by a special legal regulation16. Applicant’s identification data may be provided and requested only to the extent necessary to satisfy the purpose of the administrative cooperation.

TITLE VIII

COMMON PROVISIONS

Section 36

Proceedings hereunder shall be governed by the Rules of Administrative Procedure, unless stipulated otherwise herein.

Section 37European Economic Area

(1) For the purposes of this Act, any reference made to a national of a Member State shall also apply to nationals of a state that is a party to the Agreement on the European Economic Area and to citizens of the Swiss Confederation17.

(2) Where evidence issued by a competent authority or institution of a Member State of the European Union or a pursuit of the activity in question in a territory of a Member State of the European Union are required herein, the reference is also made to evidence issued by a competent authority or institution of a state that is a party to the Agreement on the European Economic Area and of the Swiss Confederation and to a pursuit of an activity in the territory of such states, respectively. 17)

Section 38Delegation of powers

A recognition authority shall stipulate in an implementing legal regulation or in a professional regulation, after consulting a national coordinator, a list of theoretical and practical areas that form the content of the education and training required in the Czech Republic for a pursuit of a regulated activity [Section 12 (3) (a)], unless the content of the education and training is apparently shown in a special legal regulation.

PART TWO

Amendment to the Act regulating the establishment of ministries and other central authorities of state administration of the Czech Republic

Section 39

In Section 7 of Act No. 2/1969 Coll., to regulate the establishment of ministries and other central authorities of state administration of the Czech Republic, as amended by Act No. 60/1988 Coll., Act No. 575/1990 Coll., Act No. 474/1992 Coll., Act No. 21/1993 Coll. and Act No. 272/1996 Coll., paragraph 2 including footnote 1) shall be newly inserted following paragraph 1 and shall read as follows:

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"(2) The Ministry of Education, Youth and Sports shall coordinate the activities of ministries, other central authorities of state administration and professional chambers in the area of the system of recognition of professional qualifications governed by a special law. 1)

1) Act No. 18/2004 Coll., on recognition of professional qualifications and other competencies of nationals of Member States of the European Union and on the amendment of some Acts (Act on recognition of professional qualifications)".

The existing paragraph 2 shall be designated as paragraph 3 and the current footnotes no. 1), 1a), 2) and 3) shall be designated as footnotes No. 3), 2), 4) and 5), including references made in the text thereto.

PART THREE

Amendment to Act to regulate the authentication of duplicate originals or of a copy against a document and authentication of signatures at district and local authorities and to regulate the

issuance of certificates by local authorities and district offices

Section 40

In Section 3 (3) (c) of Act No. 41/1993 Coll., to regulate the authentication of duplicate originals or of a copy against a document and authentication of signatures at district and local authorities and to regulate the issuance of certificates by local authorities and district offices, as amended by Act No. 15/1997 Coll., the word “made” shall be followed by a semicolon instead of the existing comma, and the following words shall be added “the above shall not apply in case a copy has been made on a copying machine in front of an authorized staff member,".

PART FOUR

Amendment to School Act

Section 41

Act No. 29/1984 Coll., to regulate the system of elementary schools, secondary schools and higher professional schools (School Act), as amended by Act No. 188/1988 Coll., Act No. 171/1990 Coll., Act No. 522/1990 Coll., Act No. 134/1993 Coll., Act No. 190/1993 Coll., Act No. 331/1993 Coll., ruling of the Constitutional Court published as No. 49/1994 Coll., Act No. 256/1994 Coll., Act No. 138/1995 Coll., Act No. 306/1999 Coll., Act No. 19/2000 Coll., Act No. 132/2000 Coll., Act No. 284/2002 Coll., Act No. 182/2003 Coll. and Act No. 362/2003 Coll., is hereby amended as follows:

1. Section 51 (1) shall read:

"(1) A pedagogical worker working in a school, pre-school facility or a school establishment included in the network of schools, pre-school facilities and school establishments may be someone with professional qualifications consisting of professional and teaching competences who meets health requirements and has passed a Czech language examination to demonstrate the knowledge of the Czech language, and who has been convicted by a final and conclusive judgment neither for an intentional criminal offence, nor for a negligent crime committed in association with the pursuit of the educator’s profession, as demonstrated by an extract from the registry of the Criminal Record.

2. New paragraph 2 shall be inserted following paragraph 1 in Section 51 and shall read as follows:

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"(2) The examination referred to in paragraph 1 to demonstrate the knowledge of the Czech language in addition to professional and teaching competences specified under paragraph 4 may be taken at higher education institution premises with a Czech language specialization, in an establishment for further education of teachers or in a state language school. The examination referred to in paragraph 1 shall not be required in case of a) a person who gained a full secondary education or a full secondary vocational education in a course given by a secondary school and taught in the Czech language, or who gained a university degree in a study program given by a higher education institution and taught in the Czech language, b) a person who is not required to master the Czech language in view of the nature of the relevant pedagogical worker’s job, c) a person who shall not work at a school where courses are taught in the Czech language, d) a person who has successfully passed the Czech language and literature examination within a final secondary school examination.". The existing paragraphs 2 to 4 shall be designated as paragraphs 3 to 5.

3. Section 52 including the heading and footnotes Nos. 7), 8), 8a) to 8d) shall read as follows:

"Section 52Recognition of professional qualifications

(1) The Ministry shall be responsible to decide in accordance with the special act of recognition of professional qualifications8 about recognition of professional qualifications and other competences required pursuant to Section 51 (1) for a pursuit of a pedagogical worker’s profession and gained by nationals of member states of the European Union or by their family members7 fully or partly outside the territory of the Czech Republic.

(2) For the purposes of recognition according to paragraph 1, nationals of Member States of the European Union shall also cover a) nationals of states that are parties to the Agreement on the European Economic Area8a not listed in paragraph 1, b) citizens of the Swiss Confederation8b

c) nationals of other states if so provided for by an international treaty binding on the Czech Republic, d) foreign nationals who may permanently reside in the territory of the Czech Republic based on a permit for a permanent residence8c or based on a decision awarding an asylum8d who are listed neither in paragraph 1, nor in subparagraphs a) to c).

7 Article 11 of Regulation (EEC) No. 1612/68 of the Council of 15 October 1968 on Freedom of Movement of Workers within the Community.

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8 Act No. 18/2004 Coll., on recognition of professional qualifications and other competencies of nationals of Member States of the European Union and on the amendment of some Acts (Act on recognition of professional qualifications).

8a Article 39 of the Agreement on the European Economic Area.Section 37 of Act No. 18/2004 Coll.8b Article 9 of the Agreement between the European Community and its member states on

one hand and the Swiss Confederation on the other hand, on freedom of movement of persons. Section 37 of Act No. 18/2004 Coll.8c Act No. 326/1999 Coll., to regulate residence of foreign nationals in the territory of the

Czech Republic and to amend some legislation, as amended. 8d Act No. 325/1999 Coll., on asylum and to amend Act No. 283/1991 Coll., on Police of the

Czech Republic, as amended, (Asylum Act), as amended.".

PART FIVE

Amendment to Act of state preservation of monuments

Section 42

Act No. 20/1987 Coll., on state preservation of monuments, as amended by Act No. 242/1992 Coll., Act No. 361/1999 Coll., Act No. 122/2000 Coll., Act No. 132/2000 Coll., Act No. 146/2001 Coll. and Act No. 320/2002 Coll., is hereby amended as follows:

1. In Section 14a (2) the words "according to a special legal regulation11a" shall be replaced by "where the facts of the crime relate to restoration activities unless he/she is deemed as if he/she has never been convicted.".

Footnote no. 11a) is hereby repealed.

2. In Section 14a (3) the words "professional competences" shall be replaced by "professional qualifications".

3. In Section 14a (4) the words contained in the introductory part of the text which read “professional competence” shall be replaced by “professional qualifications”.

4. In Section 14a (4) (a) the words "qualification requirements" shall be replaced by "formal qualifications and professional experience", the words "a university degree in the field of restoration" shall be replaced by "a university degree obtained by completing a study course in an accredited master degree study program11a in the field of art with a specialization in restoration, or a university degree obtained by completing a study course in a master degree program in the relevant art field complemented by a certificate attesting to a completion of restoration studies within life-long learning11a or a university degree obtained by completing a study course in an accredited bachelor study program11a in the field of art with a specialization in restoration and 2 years of professional experience" and the word “professional” shall be inserted after the word “years”.

11a Sections 44 to 46 and Section 60 of Act No. 111/1998 Coll., on Higher Education Institutions and on the amendment and supplement to some other Acts (Higher Education Act), as amended by Act No. 210/2000 Coll. and Act No. 147/2001 Coll. ".

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5. In Section 14a (5) the words “unless a national of another member state of the European Union than the Czech Republic is concerned” shall be added at the end of the text under subparagraph b),".

6. In Section 14a (5) (c) shall read:

"c) documentation relating to at least 3 restoration projects relating to objects that are not cultural monuments, where at least one of the projects is less than 2 years old, which have been completed within the restoration specialization where a restoration permit is required to be applied for.".

7. In Section 14a (10) (c) clause one the words "grossly" shall be followed by "or less severely but repeatedly".

8. In Section 14a paragraphs 13 and 14 shall be added and shall read as follows, including footnote11d):

"(13) A natural person who is a national of another member state of the European Union than the Czech Republic shall be awarded a restoration permit by the Ministry of Culture provided that the person’s professional qualifications and a clean criminal record have been recognized.

(14) Proceedings to grant a restoration permit to a national of another member state of the European Union than the Czech Republic shall be conducted jointly together with proceedings to recognize professional qualifications and a clean criminal record11d.

11d Section 25 of Act No. 18/2004 Coll., on recognition of professional qualifications and other competencies of nationals of Member States of the European Union and on the amendment of some Acts (Act on recognition of professional qualifications).".

9. Section 14a shall be followed by new Sections 14b and 14c which shall read as follows, including headings and footnotes nos. 11e, 11f, 11g and 11h:

"Recognition of professional qualifications of a national of another Member State of the European Union than the Czech Republic in the area of restoration of cultural monuments

Section 14b

(1) As far as recognition of professional qualifications and a clean criminal record of a national of another member state of the European Union than the Czech Republic (hereinafter referred to as the “applicant” only) is concerned, the Ministry of Culture shall proceed in accordance with a special legal regulation11e.

(2) A person who is authorized to pursue restoration activities in the Czech Republic in accordance with a special legal regulation without applying for recognition of professional qualifications (hereinafter referred to as the "person authorized to pursue restoration activities" only)11f shall notify the Ministry of Culture in writing of its intention to carry out a restoration work at least 30 days prior to the commencement of restoration works. Provision of Section 14a (1) shall not apply to a person authorized to pursue restoration activities.

(3) The notification referred to in paragraph 2 shall include a) the name and the surname of the person authorized to pursue restoration activities, b) the address for a delivery of documents in the territory of the Czech Republic,

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c) the anticipated duration of restoration works in the territory of the Czech Republic, d) the restoration specialization that the person authorized to pursue restoration activities intends to carry out in the territory of the Czech Republic, e) a restoration permit which applies to objects that demonstrate features of a cultural monument according to Section 2 and that are works of fine arts or works of art craftsmanship, granted in another member state of the European Union than the Czech Republic, or evidence issued by a relevant authority of another member state of the European Union than the Czech Republic to attest that the person is authorized in the state of origin or in the state of the most recent residence to pursue restoration activities in accordance with the legal regulations of that state, f) evidence of formal qualifications issued in another member state of the European Union than the Czech Republic or, if applicable, evidence attesting a pursuit of the activity in question according to a special legal regulation11e, g) documentation relating to the intention as defined under paragraph 2 and covering the scope that is covered by the restoration application11g,

(4) To the extent that the assessment of the notification referred to in paragraph 2 leads to an establishment of facts which justify a concern that the person authorized to pursue restoration activities may place in danger or damage a cultural monument, or to the extent that the person authorized to pursue restoration activities fails to meet the duty to notify, the Ministry of Culture shall prohibit restoration activities by such person until professional qualifications are recognized in accordance with a special legal regulation11e. In such case the Ministry of Culture may review the professional qualifications of the person authorized to pursue restoration activities in accordance with paragraph 1.

(5) The Ministry of Culture may ban the person authorized to pursue restoration activities from pursuing restoration activities according to paragraph 4 within 15 days following the receipt of the notification of the intention to carry out restoration activities or within 30 days following the day on which the Ministry learned that a person authorized to pursue restoration activities carries out restoration that places in danger or damages a cultural monument.

(6) A remonstrance filed against a decision issued by the Ministry of Culture imposing a ban on restoration activities according to paragraph 4 shall not have a suspensory effect (the effect of the decision shall not be suspended while appeal proceedings are pending).

(7) The Ministry of Culture shall keep a registry of persons authorized to pursue restoration activities in which the following details shall be indicated a) the name and the surname name of the person authorized to pursue restoration activities, b) the address for a delivery of documents in the territory of the Czech Republic, c) the restoration specialization,

d) the anticipated duration of restoration works in the territory of the Czech Republic by the person authorized to pursue restoration activities, e) ban on restoration activities according to paragraph 4.

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Protection of any personal data indicated in the registry shall be governed by a special legal regulation11c.

Section 14c

(1) Should the applicant be required by the Ministry of Culture to satisfy a compensation measure pursuant to a special legal regulation11h by taking an aptitude test, the Ministry of Education, Youth and Sports shall, within 2 months following a receipt of a request of the Ministry of Culture, specify a school in which the applicant is required to sit a comparative examination according to a restoration specialization that the applicant intends to pursue in the Czech Republic.

(2) In the request referred to in paragraph 1, the Ministry of Culture shall specify the scope of the aptitude test which may cover both theoretical knowledge and practical skills of the applicant. The specified school shall determine details regarding the scope and the form of the aptitude test.

(3) Should the applicant be required by the Ministry of Culture to satisfy a compensation measure pursuant to a special legal regulation11h by completing an adaptation period, the Ministry of Culture shall also specify a) the duration and the professional specialization of the adaptation period, b) areas the knowledge of which is necessary for a pursuit of restoration activities under the restoration specialization that the applicant intends to pursue in the Czech Republic, c) the content of the documentation relating to no more than 3 restoration projects required to be completed within the adaptation period and the manner of an assessment thereof, d) the manner of an assessment of the adaptation period.

(4) The applicant shall complete the adaptation period by gaining professional practice in the field of restoration a) in a museum or a gallery established by the Ministry of Culture or by a region, in a professional organization of state preservation of monuments or in the National Library of the Czech Republic, if a restoration department is available therein in which at least employee holds a restoration permit in the restoration specialization which the applicant intends to pursue in the Czech Republic, or b) under a supervision by a natural person who holds a restoration permit for the restoration specialization which the applicant intends to pursue in the Czech Republic and who, at the same time, teaches restoration of the same specialization at a higher education institution or a higher professional school included in the network of schools and school facilities11b.

(5) The theoretical and practical areas that form a part of the education and training required in the Czech Republic for the pursuit of restoration activities are set out in Schedule No. 3 hereto.

11e Act No. 18/2004 Coll.

11f Section 5 (1) of Act No. 18/2004 Coll.

11g Section 10 (2) of Decree No. 66/1988 Coll., to implement Act No. 20/1987 Coll., to regulate state preservation of monuments, as amended by Decree No. 538/2002 Coll.

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11h Section 12 (4) of Act No. 18/2004 Coll. ".

10. In Section 21 (2) the word “may” shall be followed by "upon request" and the word "organizations" shall be followed by the words "or, as the case may be, natural person”.

11. In Section 21, paragraph 2 shall be followed by new paragraph 3 which shall read as follows:

"(3) The requirements referred to in paragraph 2 shall be understood as professional qualifications of a natural person who applies for a permit, or who is employed by or in a relation similar to employment to the person applying for a permit, and whose professional expertise shall be a guarantee of the professional approach to archaeological research, and as laboratory equipment and premises inevitably required for scientific exploration and for the documentation of archaeological findings and temporary safe deposits of movable archaeological findings. Professional qualifications shall be demonstrated by formal qualifications which is a university degree obtained by completing a study course in an accredited master degree study program11a in the field of social sciences with archaeology specialization and 2 years of professional experience.". The existing paragraphs 3 and 4 shall be designated as paragraphs 4 and 5.

12. In Section 21 paragraphs 6 and 7 shall be added and shall read as follows:

"(6) A natural person who is a national of another member state of the European Union than the Czech Republic shall be granted by the Ministry of Culture, under conditions stipulated in paragraph 2, a permit for archaeological research, provided that professional qualifications of that person have been recognized.

(7) Proceedings to grant a permit for archaeological research to a national of another member state of the European Union than the Czech Republic shall be conducted jointly together with proceedings to recognize professional qualifications11d.”

13. Section 21 shall be followed by new Sections 21a to 21c which shall read as follows,

including headings thereof:

"Recognition of professional qualifications of a national of another Member State of the European Union than the Czech Republic in the area of archaeological research

Section 21a

(1) As far as recognition of professional qualifications of a national of another Member State of the European Union than the Czech Republic (hereinafter referred to as the “applicant” only) is concerned, the Ministry of Culture shall proceed in accordance with a special legal regulation11e.

(2) A person who is authorized to pursue archaeological research in accordance with a special legal regulation without applying for recognition of professional qualifications (hereinafter referred to as the "person authorized to pursue research" only)11f shall notify the Ministry of Culture on writing of its intention to carry out archaeological research work at least 60 days prior to the commencement thereof. Provision of Section 21 (2) shall not apply to a person authorized to pursue research.

(3) The notification referred to in paragraph 2 shall include

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a) the name and the surname of the person authorized to pursue research, b) the address for a delivery of documents in the territory of the Czech Republic, c) the anticipated duration of archaeological research to be carried out in the territory of the Czech Republic, d) the place where the archaeological research is to be pursued, e) rationale for the archaeological research, f) a description of professional procedures to be applied to the archaeological research, g) a permit for a pursuit of archaeological research granted in another Member State of the European Union than the Czech Republic, or evidence issued by a relevant authority of another Member State of the European Union than the Czech Republic to attest that the person is authorized in the state of origin or in the state of the most recent residence to pursue archaeological research in accordance with the legal regulations of that state, h) evidence of formal qualifications issued in another Member State of the European Union than the Czech Republic or, if applicable, evidence attesting to a pursuit of the activity in question according to a special legal regulation11e, i) a contract made with a museum for a deposit of movable archaeological findings arising from the archaeological research.

(4) To the extent that the assessment of the notification referred to in paragraph 2 leads to an establishment of facts which justify a concern that the person authorized to pursue research may place in danger or damage archaeological findings, or to the extent that the person authorized to pursue research fails to meet the duty to notify, the Ministry of Culture shall prohibit archaeological research by such person until professional qualifications are recognized in accordance with a special legal regulation11e. In such case the Ministry of Culture may review the professional qualifications of the person authorized to pursue research in accordance with paragraph 1.

(5) The Ministry of Culture may ban the person authorized to pursue research from pursuing archaeological research according to paragraph 4 within 30 days following the receipt of the notification of the intention to carry out archaeological research or within 60 days following the day on which the Ministry learned that a person authorized to pursue research carries out archaeological research that places in danger or damages archaeological findings.

(6) A remonstrance filed against a decision issued by the Ministry of Culture imposing a ban on archaeological research according to paragraph 4 shall not have a suspensory effect (the effect of the decision shall not be suspended while appeal proceedings are pending).

(7) The Ministry of Culture shall keep a registry of persons authorized to pursue research in which the following details shall be indicated a) the name and the surname of the applicant who has been granted a permit to pursue archaeological research,

b) the name and the surname of the person authorized to pursue research,

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c) the address for a delivery of documents in the territory of the Czech Republic, d) the anticipated duration of archaeological research in the territory of the Czech Republic by the person authorized to pursue research, e) ban on archaeological research according to paragraph 4.

Protection of any personal details indicated in the registry shall be governed by a special legal regulation11c. Section 21b

(1) Should the applicant be required by the Ministry of Culture to satisfy a compensation measure pursuant to a special legal regulation11h by taking an aptitude test, the Ministry of Education, Youth and Sports shall, within 2 months following a receipt of a request of the Ministry of Culture, specify a higher education institution in which the applicant is required to sit an aptitude test.

(2) In the request referred to in paragraph 1, the Ministry of Culture shall specify the scope of the aptitude test which may cover both theoretical knowledge and practical skills of the Applicant. The specified school shall determine details regarding the scope and the form of the aptitude test.

(3) The theoretical and practical areas that form a part of the education and training required in the Czech Republic for the pursuit of restoration activities are set out in Schedule No. 4 hereto.

Section 21c

Duties imposed on authorized organizations in Sections 21 (4), 22, 23 (3) and 24 shall apply to a person authorized to pursue research accordingly.".

14. In Section 35 (1) (b) the words "Section 12" shall be followed by ", Section 14b (2)".

15. In Section 35 (1) (g) the words "revitalization of cultural monuments" shall be replaced by "restoration in case of cultural monuments,".

16. In Section 35, the full stop at the end of paragraph 1 shall be replaced by a comma and new subparagraph i) shall be added and shall read as follows:

"i) pursue restoration activities in case of cultural monuments, in spite of the ban imposed according to Section 14b (4).".

17. In Section 35 (2) (c) the words "revitalization of national cultural monuments" shall be replaced by "restoration in case of national cultural monuments,".

18. In Section 35 (2) (f) the words "Section 21 (3)" shall be followed by ", Section 21a (2)".

19. In Section 35, the full stop at the end of paragraph 2 shall be replaced by a comma and new subparagraph h) shall be added and shall read as follows:

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"h) pursue archaeological research despite the ban imposed according to Section 21a (4).".

20. In Section 39 (1) (b) the words ", Section 22 (2), Section 23 (2)" shall be repealed.

21. In Section 39 (1) (h) the words "revitalization of cultural monuments" shall be replaced by "restoration activities in case of cultural monuments,".

22. In Section 39 (2) (f) the words "revitalization of national cultural monuments indicated in" shall be replaced by "restoration activities in case of national cultural monuments as set out in".

23. In Section 39 (2) (g) the words "specified in" shall be followed by "Section 21a (2),".

24. Schedules Nos. 3 and 4 shall be added and shall read as follows:

"Schedule no. 3 to Act No. 20/1987 Coll.

Theoretical and practical areas that form the content of education and training required in the Czech Republic for a pursuit of restoration activities

a) history and philosophy of art and art craftsmanship including iconography, with a specialization on the Bohemian countries and Europe, b) history of architecture, with a specialization on the Bohemian countries and Europe, c) heraldry, with a specialization on the Bohemian countries and Europe,

d) theory and methods of preservation in regard to restoration activities, preservation in practice in accordance with the effective legislation, e) aesthetics and ethics of restoration activities, f) methods of presenting works of fine arts and art craftsmanship, g) museum administration, restoration and conservation of collection items and objects of cultural value, h) physical and chemical methods of restoration research relating to a work, interpretation of results and a comprehensive assessment of research required to determine a suitable technology for a restoration procedure, i) chemical, biological and physical processes resulting in a damage to works of fine arts and art craftsmanship, appropriate restoration and conservation methods, j) historical restoration techniques and technology, k) contemporary restoration techniques and technology, l) restoration and conservation materials, m) chemistry, with a specialization on restoration, n) mineralogy (petrography), with a specialization on restoration,

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o) training in fine arts (figural and non-figural drawings and paintings, models), p) making copies of works of fine arts and art craftsmanship, q) methods of producing documentation on restoration, professional photography, r) use of information technologies and other contemporary technologies in the field of restoration, s) professional restoration practice in the given specialization under supervision of a qualified person, t) independent and comprehensive restoration of works of fine arts or art craftsmanship in the given specialization, including a defence thereof in front of a professional commission, u) final dissertation or another piece of written work in the field of restoration, v) Czech language or, as applicable, one world language.

Schedule No. 4 to Act No. 20/1987 Coll.

Theoretical and practical areas that form the content of education and training required in the Czech Republic for a pursuit of archaeological research

a) general history, history of philosophy and cultures from prehistory to ancient and middle ages to contemporary civilization, b) history of art and art craftsmanship, c) history of settlement, with a specialization on the Bohemian countries and Europe, d) Egyptian, Aegean, Greek, Etruscan and Roman archaeology, archaeology of Cyprus and Near East, e) antiques in regard to archaeology, f) biological anthropology, g) mythology and religion in the history of material culture including iconography, h) topography, i) epigraphy and numismatics, j) theory and methods of preservation in regard to archaeological research, preservation in practice in accordance with the effective legislation, k) ethics of pursuing archaeological research, l) methods of presenting archaeological findings, m) preventive protection of archaeological findings and museum administration,

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n) methods of scientific archaeology in pre-history, middle ages and modern times, o) theory and professional excavation practice in archaeological research, p) theory of materials and technologies for archaeology purposes, q) methods of producing documentation on archaeological research, professional photography, r) use of information technologies and other contemporary technologies in the field of archaeology, s) independent and comprehensive archaeological research project, including a defence thereof in front of a professional commission, t) final dissertation in the field of archaeology, u) Czech language, one world language and basic Latin and Greek.".

Section 43Transitional Provisions

(1) Proceeding to grant or remove a restoration permit according to Section 14a of Act No. 20/1987 Coll., on state preservation of monuments, as amended, if commenced prior to the date this Act comes into effect, shall be governed by legal regulations applicable hitherto.

(2) Proceeding to grant or remove a permit to pursue archaeological research according to Section 21 of Act No. 20/1987 Coll., on state preservation of monuments, as amended, if commenced prior to the date this Act comes into effect, shall be governed by legal regulations applicable hitherto.

PART SIX

Amendment to Act of geological projects

Section 44

Act No. 62/1988 Coll., on geological projects, as amended by Act No. 543/1991 Coll., statutory measure of the presidency of the Czech National Council No. 369/1992 Coll., Act No. 366/2000 Coll. and Act No. 320/2002 Coll., is hereby amended as follows:

1. The heading of paragraph 3 shall read: "An authorization to design, implement and assess geological projects and a certificate of professional competence".

2. Section 3 (1) shall read:

"(1) Geological projects a) implemented within business activities, b) implemented with an intervention into land,

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c) the outcomes of which serve the purposes of rights and obligations of bodies of public administration may be designed, implemented and assessed only by natural persons and legal entities that satisfy requirements set out by legal regulations (hereinafter referred to as the "organizations" only) in which an appointed natural person holding a certificate attesting to the professional competence to design, implement and assess such work (hereinafter referred to as the “responsible manager of geological projects” only) is in charge of and responsible for the work referred to. ".

3. Section 3 (2) including footnotes Nos. 1b), 1c), 1d) and 1e) shall read:

"(2) Geological projects other than those referred to in paragraph 1 may be designed, implemented or assessed by a) scientific institutions1b, higher education institutions1c, secondary schools, higher professional schools1d and museums1e within scientific and educating activities thereof, b) the Czech Geology Service.

1b Act No. 130/2002 Coll., to regulate support for research and development funded from public funds and to amend some associated legislation (Act on support for research and development), as amended.

1c Act No. 111/1998 Coll., on higher education institutions and on the amendment of some other Acts (Higher Education Act), as amended.

1d Act No. 29/1984 Coll., on system of elementary schools, secondary schools and higher professional schools (School Act), as amended.

1e Act No. 122/2000 Coll., on protection of collections of museum nature and to amend some other legislation, as amended.".

4. Section 3 (4) including footnotes Nos. 2a) and 2b) shall read:

"(4) The requirements relating to a professional competence include a university degree of a geological specialization, at least three years of professional experience in the field covering a participation in geological projects, professional standard of projects completed, an examination covering applicable regulations2a and a clean criminal record2b. In justified cases, the Ministry may remit a failure to satisfy the requirement of the university degree of a geological specialization in regard to an applicant who has over ten years of professional experience. The professional standard of projects completed shall be assessed by professional guarantors appointed by the Ministry and selected from experts recommended by professional associations. Evidence required to demonstrate professional competence, fields and specializations of professional competence attested, the scope of knowledge required in the area of legal regulations associated with geological projects, the procedure to verify professional competence and the manner in which certificates shall be kept and published shall be set by the Ministry in a decree.

2a E.g. Act No. 50/1976 Coll., on area planning and building rules (Building Act), as amended, Act No. 44/1988 Coll., on protection and use of mineral deposits (Mining Act), as amended, Act No. 114/1992 Coll., on protection of nature and landscape, as amended, Act No. 254/2001 Coll., on water and to amend some legislation (Water Act), as amended, Act No. 61/1988 Coll., on mining, explosives and state mining administration, as amended, Act No. 334/1992 Coll., on protection of agricultural land fund, as amended, Act No. 20/1966 Coll., on public health, as amended, Act No. 20/1987 Coll., onf state preservation of monuments, as amended, Act No. 151/2000 Coll., on telecommunications and to amend other laws, as amended, Act No. 289/1995

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Coll., on forests and to alter and amend some legislation (Forest Act), as amended, Act No. 40/1964 Coll., Civil Code, as amended.

2b Act No. 455/1991 Coll., on trade (Trade Licensing Act), as amended.".

PART SEVEN

Amendment to Act on state administration and self-governance in the education sector

Section 45

In Section 12 (5) of Act No. 564/1990 Coll., on state administration and self-governance in the education sector, as amended by Act No. 139/1995 Coll., Act No. 132/2000 Coll. and Act No. 284/2002 Coll., subparagraph s) including footnotes Nos. 2e) and 2f) shall read as follows:

"s) shall decide according to a special law2e on recognition of professional qualifications and other competences required by special legal regulations2f for a pursuit of the pedagogical worker’s profession.

2e Act No. 18/2004 Coll., on recognition of professional qualifications and other competencies of nationals of Member States of the European Union and on amendment of some Acts (Act on recognition of professional qualifications)".

2f E.g. Act No. 29/1984 Coll., as amended.".

PART EIGHT

Amendment to Notary Rules

Section 46

Act No. 358/1992 Coll., to regulate notaries and notaries’ activities (Notary Rules), as amended by Act No. 82/1998 Coll., Act No. 30/2000 Coll., Act No. 370/2000 Coll., Act No. 120/2001 Coll., Act No. 317/2001 Coll., Act No. 352/2001 Coll., Act No. 501/2001 Coll., Act No. 6/2002 Coll., ruling of the Constitutional Court published as No. 349/2002 Coll., ruling of the Constitutional Court published as No. 476/2002 Coll. and Act No. 88/2003 Coll., shall be amended as follows:

1. Section 73 shall read:

"Section 73Authentication of duplicate originals or of a copy against a document

(1) A confirmation of authenticity shall be provided by a notary’s vidimus clause without delay after the notary’s authentication of the conformance between a copy and a document. The authentication clause shall include a) a specification of an authentication of the fact that a copy expressly conforms with the original document, b) a specification of the number of pages or sheets contained in the document from which the copy was made and of the number of pages or sheets contained in the copy,

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c) an indication of the fact that a copy is a partial copy only, if applicable, d) place and date of the authentication clause; provision of Section 59 (2) (first clause) shall not apply, e) official stamp of the notary and a signature of the authenticator.

(2) A notary shall refuse to provide a confirmation of authenticity in case a) the document from which a copy has been made is a document the uniqueness of which may not be replaced by an authenticated copy, including, but not limited to, an identification card, military card, passport or another identity document, a bill of exchange, a cheque, or other securities, bankbook, geometrical plan, charts and technology drawings, b) the authenticator does not know the language of the document from which a copy has been made in the event of an absence of a Czech translation produced by an interpreter; this shall not apply in case the copy of the document was made on a copying machine in front of the authenticator, c) there are changes, amendments, insertions or deletions in the document the conformance of which is to be authenticated against a copy thereof, and that may weaken the authenticity thereof, d) the copy is not literally conforming the document from which it was made.Provision of Section 53 shall remain unaffected hereby.

(3) A confirmation of authenticity confirms neither a correctness and truthfulness of details indicated in the document, nor compliance thereof with legal regulations, and the notary shall assume no responsibility for the content of the document.".

2. In Section 74 (1) the words "a certain person" shall be replaced by "a natural person in front of him/her".

3. In Section 74 (2) the words "shall be endorsed on the document by means of an authenticity clause including" shall be replaced by "shall be provided by means of an authenticity clause without delay after the document is signed in front of and in presence of a notary or after a signature already available on the document was declared to be one’s own signature, following, without delay, the provision of a signature or a declaration; the authenticity clause shall include".

4. Section 74 (2) (e) shall read:

"e) the place and the date of making an authenticity clause; provision of Section 59 (2) (clause one) shall not apply,".

PART NINE

ENTRY INTO EFFECT

Section 47

This Act enters into effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union, save for provisions of Section 28 (1), 28 (2) (a), (c), (d) and (j), 28 (4), 38, 39 and Part four which shall enter into effect on the date of promulgation hereof.

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By: Zaorálek KlausŠpidla

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Schedule No. 1

repealed

Schedule No. 2

Activities associated with the categories of professional practice (Section 19) (part one of schedule A of Directive 1999/42/EC)

Schedule No. 3

repealed

Schedule No. 4

Regulate activities that do not allow for a choice to be made between the adaptation period and an aptitude test (Section 12 (4))

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Schedule No. 2

Activities related to categories of professional experience (Section 19) (Part one of Annex A to Directive 1999/42/EC)

List No. 1Major Groups covered by Directive 64/427/EEC, as amended by Directive 69/77/EEC, and by Directives

68/366/EEC, 75/368/EEC and 75/369/EEC

1 Directive 64/427/EEC (Liberalization Directive 64/429/EEC)NICE Nomenclature (corresponding to ISIC Major Groups 23-40)

Major Group 23 Manufacture of textiles232 Manufacturing and processing of textile materials on woollen machinery233 Manufacturing and processing of textile materials on cotton machinery234 Manufacturing and processing of textile materials on silk machinery235 Manufacturing and processing of textile materials on flax and hemp machinery236 Other textile fibre industries (jute, hard fibres, etc.), cordage237 Manufacture of knitted and crocheted goods238 Textile finishing239 Other textile industries

Major Group 24 Manufacture of footwear, other wearing apparel and bedding241 Machine manufacture of footwear (except from rubber or wood)242 Manufacture by hand and repair of footwear243 Manufacture of wearing apparel (except furs)244 Manufacture of mattresses and bedding245 Skin and fur industries

Major Group 25 Manufacture of wood and cork, except manufacture of furniture251 Sawing and industrial preparation of wood252 Manufacture of semi-finished wood products253 Series production of wooden building components including flooring254 Manufacture of wooden containers255 Manufacture of other wooden products (except furniture)256 Manufacture of straw, cork, basketware, wicker-work and rattan products; brush-

making

Major Group 26260 Manufacture of wooden furniture

Major Group 27 Manufacture of paper and paper products271 Manufacture of pulp, paper and paperboard272 Processing of paper and paperboard, and manufacture of articles of pulp

Major Group 28280 Printing, publishing and allied industries

Major Group 29 Leather industry291 Tanneries and leather finishing plants292 Manufacture of leather products

ex Major Group 30 Manufacture of rubber and plastic products, man-made fibres and starch products301 Processing of rubber and asbestos

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302 Processing of plastic materials303 Production of man-made fibres

ex Major Group 31 Chemical industry311 Manufacture of chemical base materials and further processing of such materials312 Specialised manufacture of chemical products principally for industrial and

agricultural purposes (including the manufacture for industrial use of fats and oils of vegetable or animal origin falling within ISIC Group 312)

313 Specialised manufacture of chemical products principally for domestic or office use (excluding the manufacture of medicinal and pharmaceutical products (ISIC ex Group 319)

Major Group 32320 Petroleum industry

Major Group 33 Manufacture of non-metallic mineral products331 Manufacture of structural clay products332 Manufacture of glass and glass products333 Manufacture of ceramic products, including refractory goods334 Manufacture of cement, lime and plaster335 Manufacture of structural materials, in concrete, cement and plaster339 Stone working and manufacture of other non-metallic mineral products

Major Group 34 Production and primary transformation of ferrous and non-ferrous metals341 Iron and steel industry (as defined in the ECSC Treaty, including integrated

steelworks-owned coking plants)342 Manufacture of steel tubes343 Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming344 Production and primary transformation of non-ferrous metals345 Ferrous and non-ferrous metal foundries

Major Group 35 Manufacture of metal products (except machinery and transport equipment)351 Forging, heavy stamping and heavy pressing352 Secondary transformation and surface-treatment353 Metal structures354 Boilermaking, manufacture of industrial hollow-ware355 Manufacture of tools and implements and finished articles of metal (except

electrical equipment)359 Ancillary mechanical engineering activities

Major Group 36 Manufacture of machinery other than electrical machinery361 Manufacture of agricultural machinery and tractors362 Manufacture of office machinery363 Manufacture of metal-working and other machine-tools and fixtures and

attachments for these and for other powered tools364 Manufacture of textile machinery and accessories, manufacture of sewing

machines365 Manufacture of machinery and equipment for the food-manufacturing and

beverage industries and for the chemical and allied industries366 Manufacture of plant and equipment for mines, iron and steel works foundries,

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and for the construction industry; manufacture of mechanical handling equipment

367 Manufacture of transmission equipment368 Manufacture of machinery for other specific industrial purposes369 Manufacture of other non-electrical machinery and equipment

Major Group 37 Electrical engineering371 Manufacture of electric wiring and cables372 Manufacture of motors, generators, transformers, switch gear, and other similar

equipment for the provision of electric power373 Manufacture of electrical equipment for direct commercial use374 Manufacture of telecommunications equipment, meters, other measuring

appliances and electromedical equipment375 Manufacture of electronic equipment, radio and television receivers, audio

equipment376 Manufacture of electric appliances for domestic use377 Manufacture of lamps and lighting equipment378 Manufacture of batteries and accumulators379 Repair, assembly and specialist installation of electrical equipment

ex Major Group 38 Manufacture of transport equipment383 Manufacture of motor vehicles and parts thereof384 Repair of motor vehicles, motorcycles and cycles385 Manufacture of motorcycles, cycles and parts thereof389 Manufacture of transport equipment not elsewhere classified

Major Group 39 Miscellaneous manufacturing industries391 Manufacture of precision instruments and measuring and controlling instruments392 Manufacture of medico-surgical instruments and equipment and orthopaedic

appliances (except orthopaedic footwear)393 Manufacture of photographic and optical equipment394 Manufacture and repair of watches and clocks395 Jewellery and precious metal manufacturing396 Manufacture and repair of musical instruments397 Manufacture of games, toys, sporting and athletic goods399 Other manufacturing industries

Major Group 40 Construction400 Construction (non-specialised); demolition401 Construction of buildings (dwellings or other)402 Civil engineering; building of roads, bridges, railways, etc.403 Installation work404 Decorating and finishing

2 Directive 68/366/EEC (Liberalisation Directive 68/365/EEC)NICE Nomenclature

Major Group 20 A

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200 Industries producing animal and vegetable fats and oils

20 B Food manufacturing industries (excluding the beverage industry)

201 Slaughtering, preparation and preserving of meat202 Milk and milk products industry203 Canning and preserving of fruits and vegetables204 Canning and preserving of fish and other sea foods205 Manufacture of grain mill products206 Manufacture of bakery products, including rusks and biscuits207 Sugar industry208 Manufacture of cocoa, chocolate and sugar confectionery209 Manufacture of miscellaneous food products

Major Group 21 Beverage industry211 Production of ethyl alcohol by fermentation, production of yeast and spirits212 Production of wine and other unmalted alcoholic beverages213 Brewing and malting214 Soft drinks and carbonated water industries

ex Major Group 30 Manufacture of rubber products, plastic materials, artificial and synthetic fibres and starch products

304 Manufacture of starch products

3 Directive 75/368/EEC (activities listed in Article 5(1 ))ISIC Nomenclature

ex 04 Fishing

043 Inland water fishing

ex 38 Manufacture of transport equipment381 Shipbuilding and repairing382 Manufacture of railroad equipment386 Manufacture of aircraft (including space equipment)

ex 71 Activities allied to transport and activities other than transport coming under the following groups:

ex 711 Sleeping- and dining-car services; maintenance of railway stock in repair sheds; cleaning of carriages

ex 712 Maintenance of stock for urban, suburban and interurban passenger transportex 713 Maintenance of stock for other passenger land transport (such as motor cars,

coaches, taxis)ex 714 Operation and maintenance of services in support of road transport (such as

roads, tunnels and toll-bridges, goods depots, car parks, bus and tram depots)ex 716 Activities allied to inland water transport (such as operation and

maintenance of waterways, ports and other installations for inland water transport; tug and piloting services in ports, setting of buoys, loading and unloading of vessels and other similar activities, such as salvaging of vessels, towing and the operation of boathouses)

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73 Communication: postal services and telecommunications

ex 85 Personal services854 Laundries and laundry services, dry-cleaning and dyeing

ex 856 Photographic studios: portrait and commercial photography, except journalistic photographers

ex 859 Personal services not elsewhere classified (maintenance and cleaning of buildings or accommodation only)

4 Directive 75/369/EEC (Article 6: where the activity is regarded as being of an industrial or small-craft nature)ISIC Nomenclature

The following itinerant activities:a) the buying and selling of goods by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612); in covered markets other than from permanently fixed installations and in open-air markets;b) activities covered by transitional measures already adopted that expressly exclude or do not mention the pursuit of such activities on an itinerant basis.

List No. 2Directive 82/470/EEC (Article 6 (3))

Groups 718 et 720 of the ISIC nomenclatureThe activities comprise in particular:

— organising, offering for sale and selling, outright or on commission, single or collective items (transport, board, lodging, excursions, etc.) for a journey or stay, whatever the reasons for travelling (Article 2 (B) (a))

List No. 3Directive 82/489/EEC

Ex 855 hairdressing establishments (excluding chiropodists' activities and beauticians' training schools)

List No. 4Directive 82/470/EEC (Article 6 (1))

Groups 718 et 720 of the ISIC nomenclatureThe activities comprise in particular:

— acting as an intermediary between contractors for various methods of transport and persons who dispatch or receive goods, and carrying out related activities:aa) by concluding contracts with transport contractors, on behalf of principals;bb) by choosing the method of transport, the firm and the route considered most profitable for the principal;cc) by arranging the technical aspects of the transport operation (e.g. packing required for transportation); by carrying out various operations incidental to transport (e.g. ensuring ice supplies for refrigerated wagons);dd) by completing the formalities connected with the transport such as the drafting of way bills; by assembling and dispersing shipments;ee) by coordinating the various stages of transportation, by ensuring transit, reshipment, transshipment and other termination operations;ff) by arranging both freight and carriers and means of transport for persons dispatching goods or receiving them:— assessing transport costs and checking the detailed accounts;

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— taking certain temporary or permanent measures in the name of and on behalf of a shipowner or sea transport carrier (with the port authorities, ship's chandlers, etc.).

[The activities listed under Article 2 (1) (a), (b) and (d)].

List No. 5Directive 64/222/EEC and 70/523/EEC

(a)See Article 4 (5) (a) of this DirectiveDirective 64/222/EEC (Liberalisation Directives 64/223/EEC and 64/224/EEC)1. Activities of self-employed persons in wholesale trade (with the exception of wholesale trade in medicinaland pharmaceutical products, in toxic products and pathogens, and in coal) (ex Group 611); 2. professional activities of an intermediary who is empowered and instructed by one or more persons to negotiate or enter into commercial transactions in the name of and on behalf of those persons;3. professional activities of an intermediary who, while not being permanently so instructed, brings together persons wishing to contract directly with one another or arranges their commercial transactions or assists in the completion thereof;4. professional activities of an intermediary who enters into commercial transactions in his own name on behalf of others;5. professional activities of an intermediary who carries out wholesale selling by auction on behalf of others;6. professional activities of an intermediary who goes from door to door seeking orders;7. provision of services, by way of professional activities, by an intermediary in the employment of one or more commercial, industrial or small craft undertakings.

(b) See Article 4 (5) (b) of this DirectiveDirective 70/523/EECActivities of self-employed persons in the wholesale coal trade and activities of intermediaries in the coal trade (ex Group 612, ISIC Nomenclature)

List No. 6Directive 68/364/EEC, 68/368/EEC, 75/368/EEC, 75/369/EEC, 82/470/EEC

1Directive 68/364/EEC(Liberalisation Directive 68/363/EEC)ISIC ex Group 612 Retail trade

Excluded activities:012 Letting-out for hire of farm machinery640 Real estate, letting of property713 Letting-out for hire of automobiles, carriages and horses718 Letting-out for hire of railway carriages and wagons839 Renting of machinery to commercial undertakings841 Booking of cinema seats and renting of cinematograph films842 Booking of theatre seats and renting of theatrical equipment843 Letting-out for hire of boats, bicycles, coin-operated machines for games of

skill or chance853 Letting of furnished rooms854 Laundered linen hire859 Garment hire

2 Directive 68/368/EEC (Liberalisation Directive 68/367/EEC)ISIC NomenclatureISIC ex Major Group 85:1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852)2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)

3 Directive 75/368/EEC (Article 7)

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All the activities listed in the Annex to Directive 75/368/EEC, except those referred to in Article 5 of that Directive (List I, No 3 of this Annex).ISIC Nomenclatureex 6 Banks and other financial institutionsex 620 Patent buying and licensing companiesex 71 Transportex 713 Road passenger transport, excluding transportation by means of motor

vehiclesex 719 Transportation by pipelines of liquid hydrocarbons and other liquid chemical

productsex 82 Community servicesex 827 Libraries, museums, botanical and zoological gardensex 84 Recreation services1 Council Directive of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (89/48/EEC)

Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (92/51/EEC)

Commission Directive 94/38/EC of 26 July 1994 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC

Commission Directive 95/43/EC of July 20 1995 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC

Commission Directive 97/38/EC of June 20 1997 amending Annex C to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC

Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalization and transitional measures and supplementing the general systems for the recognition of qualifications

Commission Directive 2000/5/EC of February 25 2000 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC

Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directive 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications, and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist, and doctor (medical practitioner).

Articles 39, 43 and 49 of the Treaty Establishing the European Community

2 Article 11 of Regulation (EEC) No. 1612/68 of the Council of 15 October 1968 on Freedom of movement for workers within the Community

3 Article 43 of the Treaty Establishing the European Community 4 Articles 49 and 50 of the Treaty Establishing the European Community5 Article 3 (a) of Council Directive 89/48/EEC. Article 3(a) and Article 5 (a) of Council Directive 92/51/EEC.

6 Article 3 (b) of Council Directive 89/48/EEC. Article 3(b) and Article 5 (b) of Council Directive 92/51/EEC.

6a Regulation EC No. 1882/2003 of the European Parliament and of the Council amending Article 15 of Council Directive 92/51/EEC. Annex D of Council Directive 92/51/EEC, as amended

7 Act No. 36/1967 Coll., on Forensic Experts and Interpreters

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ex 843 Recreation services not elsewhere classified:— sporting activities (sports grounds, organising sporting fixtures, etc.), except the activities ofsports instructors— games (racing stables, areas for games, racecourses, etc.)— other recreational activities (circuses, amusement parks and other entertainments)

ex 85 Personal servicesex 851 Domestic servicesex 855 Beauty parlours and services of manicurists, excluding services of

chiropodists and professional beauticians' and hairdressers' training schoolsex 859 Personal services not elsewhere classified, except sports and paramedical

masseurs and mountain guides, divided into the following groups— disinfecting and pest control— hiring of clothes and storage facilities— marriage bureaux and similar services— astrology, fortune-telling and the like— sanitary services and associated activities— undertaking and cemetery maintenance— couriers and interpreter-guides

4 Directive 75/369/EEC (Article 5)The following itinerant activities:a) the buying and selling of goods:— by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612);— in covered markets other than from permanently fixed installations and in open-air markets;b) activities covered by transitional measures already adopted that expressly exclude or do not mention the pursuit of such activities on an itinerant basis.

5 Directive 82/470/EEC (Article 6 (2))(Activities listed in Article 2 (A) (c) and (e), (B) (b), (C) and (D))These activities comprise in particular:

— hiring railway cars or wagons for transporting persons or goods;— acting as an intermediary in the sale, purchase or hiring of ships; — arranging, negotiating and concluding contracts for the transport of emigrants;— receiving all objects and goods deposited, on behalf of the depositor, whether under customs control or not, in warehouses, general stores, furniture depots, coldstores, silos, etc.— supplying the depositor with a receipt for the object or goods deposited;

8 Act No. 29/1984 Coll., to regulate the system of elementary schools, secondary schools and higher professional schools (School Act), as amended. Section 7 (d) of Act No. 564/1990 Coll., on state administration and self-governance in the education sector, as amended by Act No. 132/2000 Coll. and Act No. 284/2002 Coll.

Section 87 (m), Sections 89, 90 and 95 (9) of Act No. 111/1998 Coll., on higher education institutions and the amendment of some other Acts (Higher Education Act)

Decree No. 385/1991 Coll., on recognition of equivalence and validation requirements in regard to certificates awarded by foreign schools, as amended by Decree No. 332/1998 Coll.

9 Section 27a (3) of Act No. 29/1984 Coll., as amended by Act No. 138/1995 Coll. Act No. 564/1990 Coll., as amended 10 Sections 48 and 49 of Act No. 111/1998 Coll., as amended by Act No. 147/2001 Coll. 11 Article 9 (2) of Directive 89/48/EEC. Article 13 (2) of Directive 92/51/EEC. 12 Article 10 of Directive 89/48/EEC. Article 14 of Directive 92/51/EEC. 13 E.g. Article 15 of Directive 92/51/EEC. 14 Annex to Council Directive 89/48/EEC. 15 Act No. 219/2000 Coll. on property of the Czech Republic and its representation in legal relations, as amended. 16 Act No. 101/2000 Coll., on protection of personal details and to amend some laws, as amended. 17 Article 30 of the Agreement on the European Economic Area of 2 May 1992. Article 9 of the Agreement between the European Community and its Member States on one hand and the Swiss Confederation on the other hand, on freedom of movement of persons of 21 June 1999.

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— providing pens, feed and sales rings for livestock being temporarily accommodated while awaiting sale or while in transit to or from the market;— carrying out inspection or technical valuation of motor vehicles;— measuring, weighing and gauging goods.

Schedule No.4

Regulated activities which exclude the choice between the adaptation period and the aptitude test (Section 12 (4))

Activities pursued within one’s profession

Compensation measure Legal regulation covering requirements relating to a

pursuit of a regulated activity Patent Attorney Aptitude test Act No. 237/1991 Coll., on Patent

Attorneys, as amended Auditor Aptitude test Act No. 254/2000 Coll., on

Auditors and to Amend Act No. 165/1998 Coll., as amended by Act No. 209/2002 Coll.

Restoration of cultural monuments of parts thereof that are works of fine arts of art craftsmanship

Aptitude test or adaptation period Act No. 20/1987 Coll., on State Preservation of Monuments, as amended

Archaeological research Aptitude test Act No. 20/1987 Coll., on State Preservation of Monuments, as amended

Social worker Aptitude test Act No. 96/2004 Coll., on the Conditions for the Obtaining and Recognition of Qualifications for Pursuing Paramedical Professions and for Carrying Activities in Connection with the Provision of Health Care and on the Amendments of Some of the Related Acts (Act on Paramedical Professions)

Medical Social Worker Aptitude test Act No. 96/2004 Coll., on the Conditions for the Obtaining and Recognition of Qualifications for Pursuing Paramedical Professions and for Carrying Activities in Connection with the Provision of Health Care and on the Amendments of Some of the Related Acts (Act on Paramedical Professions)

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