Architect

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THE EUROPEAN SOCIAL FUND The Sectoral Operational Programme Human Resources Development 2007 – 2013 Priority Axis 3 “INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES” Key Area of Intervention 3.3 “Development of partnerships and encouraging initiatives for social partners and civil society” Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: the Ministry of National Education Contract no.: POSDRU/93/3.3/S/53132

L30.1_Ghid1_Cucu_Ciuhan

Certification and Recognition Guidelines for the Architectural Profession

Author: Prof. univ. dr. Geanina CUCU-CIUHAN Methodological Expert ANC, General Field 1

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Table of Contents Introduction I.

Regulation status for the architectural profession in Romania and the 8 EU Member States

3 4

1.1.

Architectural profession in Europe

4

1.2.

European regulatory framework regulating the architectural profession

5

II. Competence validation / certification procedures applied by the CA in the countries where the profession(s) is / are being regulated

13

2.1. Attestation and certification for practicing of the architectural profession in Italy

13

2.2. Attestation and certification for practicing of the architectural profession in Spain

15

2.3. Attestation and certification for practicing of the architectural profession in the Czech Republic

16

2.4. Attestation and certification for practicing of the architectural profession in Austria

17

2.5. Attestation and certification for practicing of the architectural profession in Great Britain

18

2.6. Attestation and certification for practicing of the architectural profession in Denmark

19

2.7. Attestation and certification for practicing of the architectural profession in the Netherlands

19

2.8. Attestation and certification for practicing of the architectural profession in Germany

20

III. Processes for recognition of qualifications achieved in other EU Member States

22

3.1.

OVERALL FRAMEWORK FOR THE RECOGNITION OF QUALIFICATIONS /

PROFESSIONS REGULATED IN THE EUROPEAN UNION

22

3.2.

Recognition of the qualification in architecture in Italy

30

3.3.

Recognition of the qualification in architecture in Spain

32

3.4.

Recognition of the qualification in architecture in the Czech Republic

36

3.5.

Recognition of the qualification in architecture in Austria

38

3.6.

Recognition of the qualification in architecture in Great Britain

39

3.7.

Recognition of the qualification in architecture in Denmark

40

3.8.

Recognition of the qualification in architecture in the Netherlands

41

3.9.

Recognition of the qualification in architecture in Germany

42

IV. Practicing of the architectural profession in the European Union

43

V. Conclusions

48

Bibliography

49

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Introduction These Guidelines account for one of the results achieved by the “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” project, which is implemented by the Ministry of National Education in partnership with the National Authority for Qualifications and the Institute for Social Policies (IPS), co-financed from the Social European Fund through the Sectoral Operational Programme Human Resources Development 2007 – 2013 (POSDRU).

The overall scope of the “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” project consists in the creation and consolidation of the IMI (Internal Market Information) network for the professional qualifications in Romania (IMI PQ NET) for providing support to the EC initiative on the development of the Internal Market Information System, the development of a common initiative for this particular purpose at national level, being focused on the consolidation of the social partners’ (governmental agencies and organizations, professional associations) capacity to promote the sustainable development, by creating the proper tools and channels for communication and mutual consultation so that they achieve an effective communication with the similar organizations in the European Union and the European Economic Area (EEA) through the IMI platform.

These Guidelines have been designed for the consolidation of the capacity of the Romanian Order of Architects, as a social partner in the project and the competent authority for the architectural profession, to become involved in the exchange of information mediated by the IMI platform.

Moreover, these Guidelines have been prepared in order to provide support to Romanian Order of Architects in its efforts to standardize the processes focused on the certification and recognition of the architectural profession, through information on the practices in other 8 Member States of the European Union.

Not ultimately, these Guidelines are designed to inform the Romanian citizens on the competence certification process and on the requirements and particularities of the architectural profession qualification recognition process in 8 EU Member States: Italy, Spain, Germany, Austria, the Czech Republic, the Netherlands, Denmark and Great Britain.

For the development of the certification and recognition guidelines for the regulated professions, the foreign methodological experts at the National Authority for Qualifications have analyzed the sources of information at national level (in the analyzed countries and in Romania) and at community level (comparative studies conducted at EU level) and have participated in study visits in several EU Member States where they had the opportunity to complete their research activity by exchanges of experience with Competent Authorities representatives on various regulated professions in those countries.

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I. Regulation status for the architectural profession in Romania and the 8 EU Member States 1.1. Architectural profession in Europe Structure of labour market and services in the field of architecture The Architects’ Council of Europe publishes each year a sectoral study1 on the architectural profession in the European Union. According to the data in this document, at the end of 2012 there were approximately 549,000 architects in Europe. Out of them, 27% is covered by Italian architects (147,000), followed by Germany with 19% (101,600 architects), Spain (51,000 architects), Great Britain (33,500 architects) and France (29,900 architects).

In Europe, the architects’ number reported to the population is in average of 0.9 architects per 1,000 inhabitants, with a maximum number per countries in Italy, with 2.4. Romania occupies the 14th position in the European Union, with 0.3 architects per 1,000 inhabitants. Out of them, 56% are men and 44% women, while the European average is of 64% men and 36% women.

According to the way they work, the comparison between the Romanian architects and the European average indicates that in Romania 77% of the architects work full-time (compared to the EU average - 76%), 14% of the architects work part-time (compared to the EU average of 15%) and only 3% do not work (compared to the EU average of 6%), while 6% are retired (compared to the EU average of 2%).

On an average, 5% of the European architects work in the local administration and the percentages are significantly different among the EU Member States. Therefore, for example, if in Romania this percentage is of only 1%, in Denmark it is of 21%.

If we analyze the fees charged by the architects in the EU Member States, we observe that the European average of work hour cost is of Euros 54 for the senior architects, 44 for the architects and 29 for the technicians. In Romania we have the lowest hourly costs in Europe, Euros 11 for seniors, 9 for architects and 4 for technicians. In Great Britain a senior architect earns Euros 90 / hour, in Denmark 80, in France 77, and in Germany 70.

Architects’ mobility throughout the European Union A low number of European architects work in another EU Member State – only 3%. Table 1 shows a comparative report between the percentage of architects in an EU country other than the one they are registered in and the percentage of architects seriously taking into consideration the idea of working in an EU country other than the one they are registered in.

The Architectural Profession in Europe 2012 - A Sector Study Commissioned by the Architects’ Council of Europe, December 2012, http://oariasi.ro/wp-content/uploads/2013/03/Sector_Study_2012_Final_EN140213.pdf 1

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Percentage of architects working in an EU country other than the one they are registered in

Percentage of architects seriously taking into consideration the idea of working in an EU country other than the one they are registered in 23 19

Austria 1.1 The Czech 1.7 Republic Denmark 2.6 20 Germany 3.4 21 Italy 0.7 40 Romania 1.8 32 Spain 1.1 71 Great Britain 14.6 22 Table2 1: Percentage of architects working in an EU country other than the one they are registered in

Only 11% of the architects seriously taking into consideration the possibility of practicing their profession in another EU Member State believe that they might face difficulties related to the recognition of their professional qualification. This percentage includes a high number of Romanian and Spanish architects.

Regarding the Romanian architects seriously taking into consideration the possibility of practicing their profession in another EU Member State, 20% of them believe they would have a very hard time finding a job, 21% of them do not speak a foreign language well enough, 33% of them are not sufficiently familiarized with the legislation of the countries they want to work in, while 20% of them believe that they could have some problems regarding their professional recognition3.

Table 2 shows the report on the architects in other EU Member States whose qualification has been recognized in Romania. The data are taken from the European Commission website – EU Single Market – Database on regulated professions4.

Table 2: Report on the architects in other EU Member States whose qualification has been recognized in Romania 2

Extras din: The Architectural Profession in Europe 2012 - A Sector Study Commissioned by the Architects’ Council of Europe, December 2012, http://oar-iasi.ro/wp-content/uploads/2013/03/Sector_Study_2012_Final_EN140213.pdf, page 60.

3 Extras din: The Architectural Profession in Europe 2012 - A Sector Study Commissioned by the Architects’ Council of Europe, December 2012, http://oar-iasi.ro/wp-content/uploads/2013/03/Sector_Study_2012_Final_EN140213.pdf, page 61.

4 http://ec.Europe.eu/internal_market/qualifications/regprof/index.cfm - Statistics done on May 24th, 2013.

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Figure 1: Report on the architects in other EU Member States whose qualification has been recognized in Romania

Table 3 shows the report on the architects in Romania whose qualification has been recognized in other EU Member States. The data are taken from the European Commission website – EU Single Market – Database on regulated professions5.

Table 3: Report on the architects in Romania whose qualification has been recognized in other EU Member States

Figure 2: Report on the architects in Romania whose qualification has been recognized in other EU Member States

5

http://ec.Europe.eu/internal_market/qualifications/regprof/index.cfm - Statistics done on May 24th, 2013.

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1.2. European regulatory framework regulating the architectural profession The European regulatory framework regulating the architectural profession is established by the Directive on professional qualification recognition 2005/36/EC of the European Parliament and of the Council. The free movement and mutual recognition of the architect’s title is based on the fundamental principle for automatic recognition of qualification titles based on the coordination of the training minimum conditions. The training minimum conditions applicable to the architectural profession are harmonized at European level and are part of the category of so-called sectoral professions.

In most of the Member States, the activities in the field of architecture are carried out de jure or de facto by people who hold either the official qualification title as an architect or this title accompanied by another denomination, without these persons benefiting from a monopoly over these activities, unless there are contrary legal provisions. The activities in the field of architecture (or only some of them) may be practiced in some of the EU states by members in other professions too, especially engineers who have benefited form special training in the construction industry.

Recognition based on coordination of minimum training conditions The principle of automatic recognition6. All the EU Member States recognize the qualification in architecture for all the nationals who fulfil the minimum training conditions. The architect’s titles fulfilling this criterion benefit from the same effect regarding the access to professional activities and to practicing them in the host country as in the country of origin. Directive 2005/36/EC on the recognition of professional qualifications includes – in Annex V point 5.7.1 – the titles of qualification in architecture, which are subject to the automatic recognition.

Minimum training conditions for architects7. Directive 2005/36/EC on the recognition of professional qualifications describes in details – in Article 46 – the minimum training conditions for which the automatic recognition of the title of qualification in architecture in the EU Member States.

Therefore, the training to become an architect has to last at least four years of education in a full-time academic architectural programme or six years of education, out of which at least three years in a full-time academic architectural programme in universities accredited in an EU Member State. This training is confirmed when the person passes the bachelor’s degree examination or another equivalent form of examination.

The architectural training at academic level has to assure the following knowledge and competences8:

6

Directive 2005/36/EC on the recognition of professional qualifications of the European Parliament and of the European Council, September 7th, 2005, Official Journal L 255 , 30/09/2005 P. 0022 – 0142, Article 21.

7 Directive 2005/36/EC on the recognition of professional qualifications of the European Parliament and of the European Council, September 7th, 2005, Official Journal L 255 , 30/09/2005 P. 0022 – 0142, Article 46.

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(a) the capacity to develop architectural design that are consistent both with the aesthetic requirements and with the technical requirements; (b) the proper knowledge on the history and theories of architecture as well as on arts, technologies and related humanitarian sciences; (c) knowledge on fine arts as factors that might influence the quality of the architectural design development; (d) the proper knowledge on urbanism, planning and techniques applied during the planning process; the capacity to understand the relationships between humans and architectural creations (on one hand) and the architectural creations and their environment (on the other hand) as well as the capacity to understand the need to harmonize the architectural creations and the spaces depending on the needs and human scale; (e) the capacity to understand the architectural profession and its role in the society, mainly by developing designs while taking the social factors into consideration; (f) knowledge on the methods for research and preparation of the construction design; (g) knowledge on the structural design, construction and engineering problems associated to the building design; (h) proper knowledge on physical problems and technologies, as well as on the building function so that they are endowed with all the interior comfort and climate protection elements; (i) the technical capacity allowing him/her to design constructions that meet the users’ requirements and also complying with the budget limits and the regulations in the construction field; (j) proper knowledge on industries, organizations, regulations and procedures interfering in the process in which designs turns into buildings and for the integration of plans in the overall planning activities.

In Romania, the architectural profession is being regulated. The state authority in the field of architecture is the Ministry of Regional Development and Public Administration, which has the following duties: to provide the legislative and methodological framework for the practicing of the architectural profession; to protect, promote and support the architectural creation and the architectural quality; to participate in then organization of the specialized education, training and the research, development and innovation in the field of architecture.

The competent authority for the recognition of the official titles of qualification in architecture is the Romanian Order of Architects, which has the following duties: to approve and to issue the architect’s signature attestation; to prepare the continuous training programmes in the field of architecture; it is the competent authority for the recognition of the official titles of qualification in architecture for the citizens of 8

Directive 2005/36/EC on the recognition of professional qualifications of the European Parliament and of the European Council, September 7th, 2005, Official Journal L 255 , 30/09/2005 P. 0022 – 0142, Article 46

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the EU Member States, the citizens in the Member States of the European Economic Area and the citizens of the Swiss Confederation; to issue the documents the architects who are Romanian citizens need in order to practice their profession in the EU Member States, the EEA Member States and the Swiss Confederation states, as well as in third countries.

The Romanian Order of Architects has the obligation to publish each year in the Romanian Official Gazette, Part I, the National Index of Architects, the Rules of the Romanian Order of Architects, the Deontological Code for the architectural profession and the information system on the architectural design costs.

The National Index of Architects is a document published each year in the Romanian Official Gazette, Part I. The registration in the National Index of Architects allows the person to make use of his/her signature right in Romania and highlights the form in which the registered members exercise their signature right, their professional address and the subsidiary they are part of.

After analyzing the validation and certification procedures for the architectural profession in Romania, we might say that the guiding standard reference terms for the competence validation and certification procedures are complied with: 

A personal file has to be submitted in person at the Romanian Order of Architects;



This file has a simple and clear structure;



The contents of the file may be acknowledged by visiting the website of the Romanian Order of Architects;



There is an attestation commission appointed by the National Council based on the decision made by the President of the Romanian Order of Architects, a commission having a clear structure;



There is a verification procedure focused on the contents of the file and on the applicant’s fulfilment of the conditions;



The applicant is notified if the file is incomplete;



There are exceptions in well justified cases;



There are derogations in well justified cases;



The verification of the documents issued in other countries, which have to be included in the file, is done only via the IMI system;



There is a contest and a contest / attestation commission; there is commission that assess the candidate’s knowledge, skills and professional experience;



There is a clear and transparent procedure for the assessment of the contest tests and for the communication of the results to the applicants;



An objection may be filed and the procedure for the objections is implemented;



There is an independent objection commission different from the attestation commission;

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

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There is a clear and transparent procedure for re-assessment following the submission of the objection and for the communication of the results to the applicants;



The timeframe during which the person may enjoy from his/her signature right is clear;



There is a register and a procedure for recording data in this register;



Procedures for monitoring the way the profession is being practiced have been implemented;



There are sanctions in cases of deviations;



There are procedures for the withdrawal / cancellation / suspension of the signature right;



There are procedures for the renewal / periodical extension / periodical endorsement of the signature right;



There are continuous training plans updated regularly.

We appreciate that the competence validation and certification procedures for the architectural

profession in Romania, as well as the procedures for the recognition of the qualification in architecture achieved in other EU Member States are flexible and adjusted to the requirements laid down by Directive 2005/36/EC on the recognition of professional qualifications.

The comparative analysis of the architectural profession in Romania and in the 8 EU Member States studied is shown in Table 4.

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Table 4: Comparative analysis of the architectural profession in Romania and in the 8 EU Member States studied Romania Are there regulated professions in the field of architecture (Yes/No) Regulated professions in the field of architecture

Yes

Architect

Germany Yes, except for the Hesse and North Rhine-Westphalia lands Architect

Austria Yes

Activities (fulltime or parttime) covered by the professions in the field of architecture

Land measurement

Surveying determination / delimitation Feasibility studies

Planning and design Application for / issue of building permit Supervision and monitoring of

Ordinul Arhitectilor din Romania

The architect has exclusiveness in the activities involving the preparation and signature of the architectural designs for which the law requires a building permit, irrespective of the size of works, their designation and importance category.

The conductor architect having the signature right may develop and sign architectural designs for

Architektenkammer Architects’ Chambers in the 16 lands

There are no activities reserved for the architects; most of the activities are part-time with the civil engineers

the Netherlands

Yes

No, but the title is protected

Architect

Certified architect Architectural technologist

Bundesministerium für Wirtschaft, Familie und Jugend – Federal Ministry for Economy, Family and Youth

Architects Registration Board

Conductor architect

Competent authority for the regulated professions in the field of architecture

Great Britain

There are no activities reserved for the architects; most of the activities are part-time

Chartered Institute of Architectural Technologists There are no activities reserved for the architects; most of the activities are part-time

Spain

Italy Yes

Denmark

Yes

the Czech Republic Yes

no

Professions included in the Occupational Classification: Architect Architect design interior Stichting Bureau Architectenregister (Architects’ Register)

Architect Technical architect

Architect Junior architect

Authorized architect

Professions included in the Occupational Classification: Architect

Ministry of Housing

Ministry of Education, Universities and Research

Czech Chamber of Architects

Architects Association

The architect’s title is protected, but the activities are not reserved for the professionals holding this title

Part-time with the engineer / technical engineer Part-time with the engineer / technical engineer Part-time with the engineer / technical engineer reserved

All the activities are part-time with the engineers, except for the constructions in the cultural patrimony

Part-time with the civil engineer

part-time

Part-time with the civil engineer

part-time

Part-time with the civil engineer

part-time

reserved

part-time

Part-time with the civil engineer

reserved

Part-time with the civil engineer

part-time

Part-time with the engineer / technical engineer reserved

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constructions in the constructions that are part of the low importance category, which are outside the protected areas indicated by the law

Part-time with reserved part-time the engineer / technical engineer Part-time with reserved part-time Urban the engineer / planning and technical landscaping engineer Part-time with Part-time part-time Interior design the engineer / with the civil technical engineer engineer The academic training whose main component is architecture has to maintain a balance between the theoretical and practical aspects of training in architecture and has to assure the achievement of the Competences following knowledge and competences: (k) the capacity to develop architectural design that are consistent both with the aesthetic requirements and with the technical requirements; (l) the proper knowledge on the history and theories of architecture as well as on arts, technologies and related humanitarian sciences; (m) knowledge on fine arts as factors that might influence the quality of the architectural design development; (n) the proper knowledge on urbanism, planning and techniques applied during the planning process; the capacity to understand the relationships between humans and architectural creations (on one hand) and the architectural creations and their environment (on the other hand) as well as the capacity to understand the need to harmonize the architectural creations and the spaces depending on the needs and human scale; (o) the capacity to understand the architectural profession and its role in the society, mainly by developing designs while taking the social factors into consideration; (p) knowledge on the methods for research and preparation of the construction design; (q) knowledge on the structural design, construction and engineering problems associated to the building design; (r) proper knowledge on physical problems and technologies, as well as on the building function so that they are endowed with all the interior comfort and climate protection elements; (s) the technical capacity allowing him/her to design constructions that meet the users’ requirements and also complying with the budget limits and the regulations in the construction field; (t) proper knowledge on industries, organizations, regulations and procedures interfering in the process in which designs turns into buildings and for the integration of plans in the overall planning activities. individual office, Autonomous, Autonomous, Autonomous, Employee working Autonomous, Autonomous, Autonomous, Employee Practicing conditions associated office, associated office, associated office, associated in the private sector, Private associated associated working in the design company employee working in employee working in office, employee working architectural office, office, private sector or other forms of the private sector the private sector, employee in the public office, employee employee association employee working in working in the administration employee of a working in the working in the public private sector construction private sector the private administration firm, employee sector working in the public administration Automatic recognition Recognition conditions acc. to Directive 2005/36/EC

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The training to become an architect has to last in total at least four years of education based on a full-time integral programme or six years of education, out of which at least three years in a full-time academic programme in an university or a comparable education institution. This training is confirmed when the person passes an examination at academic level.

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II. Competence validation / certification procedures applied by the CA in the countries where the profession(s) is / are being regulated

2.1. Attestation and certification for practicing of the architectural profession in Italy The architectural profession is being regulated in Italy. The competent authority for the professions of architect and junior architect is the Ministry of Education, Universities and Research.

The junior architect title appeared as a consequence of the Bologna system implementation in the Italian higher education and of the Bologna process objective of integrating on the labour market as many graduates from the bachelor academic programmes as possible. Therefore, for a person to become a junior architect, he/she has to hold the bachelor’s degree (Laurea), while for a person to become an architect he/she needs to have the bachelor’s degree and the master’s degree (Laurea magistrale).

Although the last study on the number of architects in Italy was published in 2009 and the data come from the end of the year 2008 (the year when the first Bologna class completed the academic bachelor’s education), it is interesting to note that at the end of 2008 there were 136,000 architects in Italy, out of which only 1000 were junior architects, but their number increased by 30% only in the last year of the study, compared to the number of senior architects, which increased only by 3% during the same period of time.

The attestation for the practicing of all the regulated professions in Italy is done based on a state exam. The procedure is significantly different from the one implemented in Romania, where the signature right is obtained after a 2-year internship stage followed by a complex examination consisting in: the analysis of the file and the determination whether or not the eligibility and respectability conditions are met, the assessment of the work portfolio and an interview.

The Order of the Architects, Planners, Landscapists and Conservators (Ordine degli architetti, pianificatori, paesaggisti e conservatori) is the professional body managing the register of professionals having the right to practice the architectural profession and the town planner profession and the restorer/conservator profession. Section A includes the sectors of architecture, town planning, landscaping, conservation of architectural and ambient goods, which are consistent with the professional titles of architect, town planner, landscapist, and conservator of architectural and ambient goods. Section B includes the sectors of architecture and planning, which are consistent with the professional titles of junior architect and junior town planner.

The professions managed by the Order of the Architects, Planners, Landscapists and Conservators are: architect, junior architect, town planner, junior planner (junior town planner), landscapist.

The registration in the professional register is accompanied by the decisions: «section A – architecture sector», «section A – town planning sector», «section A – landscaping sector», «section A –

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architectural and ambient goods conservation sector», «section B – architecture sector», «section B – planning sector».

Attestation procedure A. Section A – architectural profession Documents necessary for enrolling for the state exam for being granted the architect’s title: 1. Diploma or degree granted according to Article 17, point 95 in the Act of May 15 th, 1997, no.

Amendments 127 and the subsequent, or the bachelor’s degree according to Table A attached to the Presidential Decree no. 328/2001, in original, legalized copy of copies of the document.

2. The proof of having paid the fee for the admission exams amounting Euros 49.58 as they are laid down

by Article 2, paragraph 3 in the Decree issued by the President of the Ministry Council on December 21st, 1990, with any future amendments.

3. The applicants also have the obligation to pay a fee established by each university pursuant to Article 5 in Act no. 24 / December 1993, 537. The proof has to be attached to the documentation mentioned.

4. The documentation referring to the contents of the academic training programme is included in the candidate’s file by the competent offices of the university or of the higher education institution where the candidate applied for taking the state exam.

The state exam for Section A – the architecture sector consists in: 1. A hands-on test asking the candidate to design a civil construction or an intervention architect urban scale.

2. A written test meant to justify the structural sizing of the hands-on test.

3. Another written test verifying the cultural and specialized knowledge in the field of architecture.

4. An oral test consisting in comments regarding the developed design and the advancement of the subject covered by the written test, plus aspects on the professional legislation and deontology.

B. Section B – junior architect profession Documents necessary for enrolling for the state exam for being granted the junior architect’s title: 1. Architect or construction degree or 2. Civil and ambient engineering degree The state exam for Section B – the architecture sector consists in: 1. A hands-on test for the graphical development of an existing design or the highlighting of an architectural aspect.

2. A written test meant to estimate the developed design from the economic and qualitative points of view.

3. Another written test on a graphical topic or test from the specialized subjects covered during the studies.

4. An oral test consisting in the topics covered by the written test, plus aspects on the professional legislation and deontology.

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2.2. Attestation and certification for practicing of the architectural profession in Spain According to the data shown by Navaro-Aston and Caven (2012), Spain occupies the 3rd position in Europe in terms of the number of certified architects – approximately 50,000. However, the practicing of the architectural profession in Spain is regionalized, and approximately half of the architects work in the Madrid and Barcelona areas.

The architectural profession and the technical architect profession are being regulated in Spain, and the competent authority is the Ministry of Housing.

The people who want to practice their profession as architects in Spain have to obtain first a bachelor’s degree in architecture from a university recognized by the Ministry of Education and Culture.

This condition is sufficient as there is no recognition of the experience itself for practical reasons of the practicing of the profession.

Besides the training in the disciplines specific to the field of architecture, in Spain the architect has to have complementary training in construction engineering, installations, fitting, structural design, project feasibility studies, technical inspection of buildings. In practice, the Spanish architect is also specialized in the four professions managed in our country by the Ministry of Development and Public Administration – through the specialized division: energetic auditor for buildings, project inspector, quality technical expert, technical execution responsible.

The technical architect’s title. Act no.9 12/1986 regulates the technical competences of the technical architect and highlights the fact that he/she is independent and autonomous and fully responsible for his/her practice. His/her duties include – under the technical architect recognition act – the following: they can use the title of entrepreneur, they validate the professional and technical interventions in the construction works, they determine the fees, rights and duties for all the parties involved.

In addition, according to the operational provisions in Decree10 119/1973 of February 1st, the technical architects registered in the corresponding professional association may also work as decorators, as regulated by the Royal Decree11 902/1977 of April 1st.

The registration in the Association of Technical Architects is essential for the practicing of the technical architectural profession.

9

Ley 12/1986, de 1 de abril, sobre regulación de la atribuciones profesionales de los Arquitectos e Ingenieros técnicos, «BOE» núm. , de 2 de abril de 1986, páginas 11573 a 11574 (2 págs.)

10 DECRETO 119/1973, de 1 de febrero, Ejercicio de la actividad de decorador por los Arquitectos Técnicos. BOE de 3 de febrero de 1.971 11 Real Decreto regulador de las facultades profesionales de los Decoradores. «BOE» núm. 105, de 3 de mayo de 1977, páginas 9527 a 9527 (1 pág.)

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The Royal Decree12 1837/2008 shows in Annex VIII (Annex L11a_2) the alphabetical list of the professions and activities classified depending on the level of training existing in Spain for the people to have access to the practicing of their profession in correlation with the levels described in Article 19 (Article 11 in Directive 2005/36/EC on the recognition of professional qualifications).

2.3. Attestation and certification for practicing of the architectural profession in the Czech Republic In the Czech Republic a Certified architect is a professional authorized pursuant to Act no.13 360/1992 and is registered on the list of authorized architects kept by the Czech Chamber of Architects. The Czech Chamber of Architects issues certificates in the field of architecture, town planning and landscaping architecture. The competent authority is the Czech Chamber of Architects, which is liable for the professional certification for the following professions: architect, town planner, landscaping architect.

The legislation regulating the profession is: -

Act14 no. 360/1992 of May 7th, 1992 on the profession work of the registered architects and the professional work of registered engineers and technicians working in constructions, amended by Act no.

164/1993 and Act no. 275/1994.

-

Act15 no. 224/2003 on the issue of commercial licenses.

-

Act no. 189/2008 on the amendment of the legislation regarding the vocational qualification recognition in the Czech Republic.

The minimum certification requirements: the person has to hold an academic degree in architecture

(5 - 6 years) and to have a professional background of minimum 3 years in the case of the graduates in the field or of 5 years in the case of those having completed related studies.

How to apply for certification in the Czech Republic: 1. You have to submit a written application if you are: a citizen of the Czech Republic or a citizen of an EU Member State or of the European Economic Area or of the Swiss Confederation.

2. The Chamber accepts an applicant for the professional competence examination within maximum 6 months since the receipt of the written application if it fulfils the training and citizenship criteria.

3. Training requirements:

12

REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directive 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directive 2006/100/EC, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320.

13 ACT no. 360/1992 Coll. of the 7th May 1992 on the Professional Practice of Authorized architects and on the Professional Practice of Certified Engineers and Technicians Active in Construction as amended by Act no. 164/1993 Coll., Act no. 275/1994 Coll.

14 ACT no. 360/1992 Coll. of the 7th May 1992 on the Professional Practice of Authorized architects and on the Professional Practice of Certified Engineers and Technicians Active in Construction as amended by Act no. 164/1993 Coll., Act no. 275/1994 Coll.

15 Act no. 224/2003 Coll., Trade licensing act, 2 oct. 1991. Federal Assembly of the Czech and Slovak Federative Republic

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a) Academic or comparable education in the field of architecture, graduated from a recognized higher education institution / university, at least at the certification level of master’s studies, pursuant to section 3, paragraph a); the studies have to comply with the requirements laid down by points 1.2 and 1.3 in the Annex for certification in the field of architecture, laid down by section 4, sub-section 2, paragraph a). b) Academic studies or studies completed at a comparable education institution in a study field laid down

by Section 5, sub-section 3, or in a similar study field in the bachelor’s study programme of minimum four years, or a certification master’s programme, pursuant to section 3, paragraph b), c) Academic or completed education at a comparable education institution in a study field laid down by Section 5, sub-section 3, at the level of bachelor’s or master’s education programme and/or a secondary or post-secondary technical school in similar fields for certification, pursuant to section 3, paragraph c).

4.

The total professional experience has to be of at least 3 years in the field if the applicant is a graduate of the studies in a bachelor’s or master’s academic programme in the field, and of at least 5 years if the applicant graduated the studies of another programme.

5. The professional competence examination is meant to assess the knowledge and competences necessary for the person to practice his/her profession, in particular: a) His/her professional knowledge if they are not part of the applicant’s recognized formal education. b) His/her knowledge on the legal aspects regarding the practicing of the architectural profession.

6. Certification fee amounting CZK 500.

Following the promotion of the certification examination, the architect takes an oath.

2.4. Attestation and certification for practicing of the architectural profession in Austria The architectural profession is being regulated in Austria. The competent authority is: Bundesministerium für Wirtschaft, Familie und Jugend – the Federal Ministry for Economy, Family and Youth16.

The act regulating the architectural profession in Austria: the Federal17 Act on Civil Engineers published in 1993.

The access to the architectural profession in Austria For having access to the architectural profession (civil engineer) a person has to meet the following conditions: to be the graduate of a specialized university, to have professional background of at least 3 years following his/her graduation and to pass the examination for civil engineers.

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Contact details: Stubenring 1, Abteilung I/, 31010 Wien, Phone: +43-1 71100, Fax: +43-17142718, Email: service@bmwa.gv.at, URL: www.bmwa.gv.at.

17 Bundesgesetz über Ziviltechniker (Ziviltechnikergesetz 1993 - ZTG) StF: BGBl. Nr. 156/1994 (NR: GP XVIII RV 498 AB 1492 S. 153. BR: 4745 AB 4752 S. 580.)

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It is an oral examination and may be taken twice. It includes topics in the following fields: the Austrian legislation in administration, business administration, legal and professional rules applicable in the field, and professional ethics.

The professional organizations in the lands are: 1. Chamber of architects and chartered engineering consultants for Vienna18 2. Chamber of architects and chartered engineering consultants for Styria and Carinthia19 3. Chamber of architects and chartered engineering consultants for Upper Austria and Salzburg20 4. Chamber of architects and chartered engineering consultants for Tirol and Vorarlberg21

2.5. Attestation and certification for practicing of the architectural profession in Great Britain In Great Britain, in the architectural field there are two regulated professions: the architectural profession and the registered architectural technologist. The competent authorities are: Regulated Profession Architect Registered Architectural Technologist The attestation as an

Competent Authority Architects Registration Board22 Chartered Institute of Architectural Technologists architect in Great Britain is done following an exam organized 30 testing

centres accredited by the Architects Registration Board. The most popular accredited testing centre is the one at the Royal Institute of British Architects.

The training as an architect in Great Britain covers three levels, which are known as Part 1, Part 2 and Part 3. Part 1 is consistent with the bachelor’s academic studies and is obtained following the promotion of the bachelor’s degree examination at the graduated university. Part 2 is consistent with the master’s academic studies and is obtained following the dissertation examination at the graduated university. Part 3 is consistent with the Advanced degree in professional architectural practice and is obtained following a specialized course organized by a training provider accredited by the Architects Registration Board and the promotion of the final examination. Only after the promotion of the examination corresponding to Part 3 the architect is allowed to enrol in the Architects Registration Board and may practice his/her profession independently.

In order to receive the attestation, the architect has to file an examination application23 at the Architects Registration Board, and the application has to be accompanied by the following documents: a Resume, the statement of eligibility, the academic degree(s) in original or legalized copy, the official transcript / diploma supplement in original or legalized copy, a copy of the ID Card (passport), the 18

Lower Austria and Burgenland, Kadam 9, 1040 Vienna, T 01/505 17 81/0 Schönaugasse 7, 8011 Graz, T. 0316/82 63 44/0 Kaarstraße 2 / III, 4040 Linz, T. 0732/73 83 94/0 21 Rennweg 1, 6020 Innsbruck, T. 0512/58 83 35 22 8 Weymouth Street, W1W 5BU London, United Kingdom, tel. 0207 580 5861, fax 0207 436 5269, http://www.arb.org.uk 23 http://www.arb.org.uk/Scripts/wysiwyg/ckeditor/ckfinder/userfiles/Images/images/files/Examination%20Application%20Form(2).pdf 19 20

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comparative matrix part 1 (bachelor’s academic studies in architecture), the comparative matrix part 2 (master’s academic studies in architecture), appendix to the comparative matrix, confirming the number of words used (dated and stamped), the education plan / syllabuses / academic calendar, the examination fee amounting GBP 1390, a passport photo, a copy of the marriage license if the person has changed his/her name, the IELTS certification.

Following the promotion of the examination, the architect has to submit an enrolment application at the Architects Registration Board. The application may be submitted online24 or by mail25. For the mailed application the form may be downloaded at: http://www.arb.org.uk/Upload/40127-ARB-Form-E-UKPR.pdf. The application has to be accompanied by a copy of the ID Card, the official address of the office where the person practices his/her profession, the proof of the qualifications consistent with the three levels (Part 1, Part 2 and Part 3) and the proof of having paid the application fee (GBP 35) and the enrolment fee (GBP 246 payable in four instalments).

The attestation as a registered architectural technologist is done by the Chartered Institute of Architectural Technologists. The applicant has to prove his/her competence as an architectural technologist or as an architectural technician, based on a document called: The Professional and Occupational Performance (POP) Record. Following his/her application, the architectural technologist has to pass an interview organized by the competent authority.

2.6. Attestation and certification for practicing of the architectural profession in Denmark The architectural profession is not being regulated in Denmark, and this is no competent authority in this field exists. Moreover, the architect’s title is not protected in this country. The Architects’ Association of Denmark, whose members use the architect’s title.

The architectural profession is not restricted and does not require attestation according to the Danish legislation.

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http://www.arb.org.uk/i-want-to-register UK Qualifications, 8 Weymouth Street, London, W1W 5BU, T: 020 7580 5861 F: 020 7436 5269 E: info@arb.org.uk W: www.arb.org.uk 25

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In other words, the graduate of an academic programme in architecture has the right to work freely in Denmark because the architectural profession is not being regulated.

The architect may enrol in the Architects’ Association of Denmark. As the profession is not being regulated, the Architects’ Association shall issue a Membership Certificate in the Architects’ Association (MAA). This certificate does not give its holder any additional rights as the Architects’ Association is not the competent authority, but merely a professional association. The enrolment in the Architects’ Association is not mandatory.

2.7. Attestation and certification for practicing of the architectural profession in the Netherlands In the Netherlands the architectural profession is not being regulated. The architect’s title is protected but the architectural activities and services are not reserved for the holders of this title. In this state the legislation is focused on the construction sites and buildings. No or very vague regulations apply to the professionals in the construction field. Any operator may carry out construction activities but the construction designs filed are analyzed in detail by the local authorities.

For example, there is no obligation for a construction design to be forwarded by an architect to the local authorities. The local authorities have their own experts in civil engineering and architectural activities, who verify the technical viability of the design and monitor its compliance with the town planning rules. The local authorities are in charge with the authorization or rejection of the design, and not the architect.

Regarding on professional experience – to come into force on December 31st, 2014.

Any student who graduates after December 31st, 2014 and who wants to enrol in the Netherlands as an architect, as an urban designer, as a garden and landscaping architect or as an interior architect has the obligation to complete a professional experience period. The professional experience period trains the students for practicing their profession in a satisfactory way. Following this period, where they achieve two years of practical professional experience under the supervision of experienced and active designers (mentors), they may enrol in the Architects’ Register.

The Architectenregister Office has the legal obligation to establish detailed rules for the structure of this period. These rules shall be subject to the professional rules published in 2012 on the period of experience. By them, the Architectenregister Office applies the Academic Titles (Architects) Act (WAT), a law amended in 2012. The rules provide explanations on the level of knowledge, understanding and skills a person should have after completing the 2-year professional experience. It also provides a clear answer for the structure of this period, and necessary statutory supervision from the mentor and the way the professional experience period should end.

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An important basis for the regulations regarding the contents is the recommendation published in March 2011 by the WAT project group through an order issued by the Architectenregister Office and

the Government Head Architect. In 2012, the Architectenregister Office shall involve all the education institutions in the development of the professional experience regulations. The professional organizations are also a major partner in the debates. In addition, meetings shall be held throughout the country in the near future. All the people whose names are recorded in the register as well as other interested parties may submit their point of view in relation to the contents and may forward their questions to the Architectenregister Office. The regulations shall be harmonized with this entry.

2.8. Attestation and certification for practicing of the architectural profession in Germany The attestation and certification in the architectural profession in Germany is being regulated by the legislation in the German lands. The architectural profession is being regulated in most of the lands, with two exceptions: the Hesse Land and the North Rhine – Westphalia Land where the architect’s title is protected but the profession is not being regulated.

According to the legislation regulating the architectural profession, the architect’s title is protected.

The title is granted after the registration the architects’ register managed by the Chamber of Architects in that land. The registration is related to the affiliation to one of the land’s Chamber of Architects.

The registration in the architects’ register managed by any of the Chambers of Architects in any land in the Federal Republic of Germany is granted upon request based on the evidence including the degree, the examination certificate or other relevant evidence in the field of architecture according to Articles 46, 47 and 49 in Directive 2005/36/EC on the recognition of professional qualifications and on the relevant practical experience of 2 years (3 years in Saarland). The application for professional attestation and certification is subject to the relevant professional chambers in the 16 lands: 1. Architektenkammer Baden-Württemberg26 2. Bayerische Architektenkammer27 3. Architektenkammer Berlin28 4. Brandenburgische Architektenkammer29 5. Architektenkammer der Freien Hansestadt Bremen30 6. Hamburgische Architektenkammer31 26

Danneckerstraße 54, 70182 Stuttgart, Tel: 0711 / 21 96 -0, Fax: 0711 / 21 96 -103, E-Mail: info@akbw.de, Internet: www.akbw.de Waisenhausstraße 4, 80637 München, Tel: 089 / 13 98 80 -0, Fax: 089 / 13 98 80 -99, E-Mail: info@byak.de, Internet: www.byak.de Alte Jakobstraße 149, 10969 Berlin, Tel: 030 / 29 33 07 -0, Fax: 030 / 29 33 07 -16, E-Mail: kammer@ak-berlin.de, Internet: www.akberlin.de 29 Kurfürstenstraße 52, 14467 Potsdam, Tel: 0331 / 27 59 10, Fax: 0331 / 29 40 11, E-Mail: info@ak-brandenburg.de, Internet: www.akbrandenburg.de 30 Geeren 41/43, 28195 Bremen, Tel: 0421 / 17 00 07, Fax: 0421 / 30 26 92, E-Mail: info@architektenkammer-bremen.de, Internet: www.architektenkammer-bremen.de 27 28

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7. Architekten- und Stadtplanerkammer Hessen32 8. Architektenkammer Mecklenburg-Vorpommern33 9. Architektenkammer Niedersachsen34 10. Architektenkammer Nordrhein-Westfalen35 11. Architektenkammer Rheinland-Pfalz36 12. Architektenkammer des Saarlandes37 13. Architektenkammer Sachsen38 14. Architektenkammer Sachsen-Anhalt39 15. Architekten- u. Ingenieurkammer Schleswig-Holstein40 16. Architektenkammer Thüringen41

31 32

Grindelhof 40, 20146 Hamburg, Tel: 040 / 44 18 41 -0, Fax: 040 / 44 18 41 -44, E-Mail: info@akhh.de, Internet: www.akhh.de Bierstadter Straße 2, 65189 Wiesbaden, Tel: 0611 / 17 38 -0, Fax: 0611 / 17 38 -40, E-Mail: info@akh.de, Internet: www.akh.de

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Alexandrinenstraße 32, 19055 Schwerin, Tel: 0385 / 590 79 -0, Fax: 0385 / 590 79 -30, E-Mail: info@architektenkammer-mv.de, Internet: www.architektenkammer-mv.de 34 Friedrichswall 5, 30159 Hannover, Tel: 0511 / 280 96 -0, Fax: 0511 / 280 96 -19, E-Mail: info@aknds.de, Internet: www.aknds.de 35 Zollhof 1, 40221 Düsseldorf, Tel: 0211 / 49 67 -0, Fax: 0211 / 49 67 -99, E-Mail: info@aknw.de, Internet: www.aknw.de 36 Hindenburgplatz 6, 55118 Mainz, Tel: 06131 / 99 60 -0, Fax: 06131 / 61 49 26, E-Mail: lgs@akrp.de, Internet: www.akrp.de 37 Neumarkt 11, 66117 Saarbrücken, Tel: 0681 / 954 41 -0, Fax: 0681 / 954 41 -11, E-Mail: info@aksaarland.de, Internet: www.aksaarland.de 38 Goetheallee 37, 01309 Dresden, Tel: 0351 / 317 46 -0, Fax: 0351 / 317 46 -44, E-Mail: dresden@aksachsen.org, Internet: www.aksachsen.org 39 Fürstenwall 3, 39104 Magdeburg, Tel: 0391 / 536 11 – 0, Fax: 0391 / 536 11 – 13, E-Mail: info@ak-lsa.de, Internet: www.ak-lsa.de 40 Düsternbrooker Weg 71, 24105 Kiel, Tel: 0431 / 570 65 -0, Fax: 0431 / 570 65 -25, E-Mail: info@aik-sh.de, Internet: www.aik-sh.de 41 Bahnhofstraße 39, 99084 Erfurt, Tel: 0361 / 210 50 -0, Fax: 0361 / 210 50 -50, E-Mail: info@architekten-thueringen.de, Internet: www.architekten-thueringen.de

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Processes for recognition of qualifications achieved in other EU Member States

3.1. Overall framework for the recognition of qualifications / professions regulated in the European Union In the European Union there are clear instruments facilitating the transfer of qualifications and competences for academic or professional purposes. The scope of the implementation of such instruments is to facilitate the citizens’ right to free movement, in particular the assurance of the individual’s right to practice a professional activity or to attend training programmes in another Member State.

There are two types of such instruments: a) the qualification recognition system for regulated professions and b) instruments meant to assure the visibility of competences and qualifications at European level: Europass and the national reference points for professional qualifications.

Two info points exist in each Member State, i.e. the National Reference Point for professional qualifications and the ENIC-NARIC Network.

A person having studied in an EU Member State may ask for recognition in another EU country in order to continue his/her education or to practice his/her profession. The recognition bodies in each country are responsible for the recognition of qualifications. There are two types of “international” recognition: 

Academic Recognition, which allows the person in question to attend or to continue his/her studies in order to be allowed to make use of a national title or degree in the host country based on the title or degree obtained in his/her country of origin;



Professional Recognition referring to the evaluation methodologies and procedures for having the right to practice the profession / occupation.

The academic recognition and the professional recognition have different objectives and in most of

the EU countries they are approached differently and via different instruments. Each of the EU countries has its own system of regulated professions. Therefore, a profession may be regulated in an EU Member State and it may not be regulated in another. In the country where the profession is not being regulated, the applicant has to apply for the academic recognition in order to be allowed to practice his/her profession while in the country where the profession is not being regulated he/she has to apply for the professional recognition. For the architect, if the profession is being regulated in the Member State of origin, the professional title is being recognition and if the profession is not being regulated the professional title is being recognized only if the architect carried out activities in the field of architecture for at least two consecutive years over the last 10 years.

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In the case of the architectural profession, the minimum training conditions are being harmonized at European level by Directive 2005/36/EC on the recognition of professional qualifications of the European Parliament and of the European Council, and the profession is classified into the so-called category of sectoral professions. Directive 2005/36/EC on the recognition of professional qualifications indicates two cases: the architects who want to practice their profession permanently and the architects who want to practice their profession temporarily in another EU Member State.

Moreover, the rules laid down by Directive 2005/36/EC on the recognition of professional qualifications apply differently, as follows: 1. If the citizen wants to work or to study in another EU Member State – the rules laid down by Directive 2005/36/EC on the recognition of professional qualifications apply only for the architects with completed training and who want to practice their profession in another EU Member State, not to those who want to continue their education in another EU Member State. The latter shall go to the Academic Recognition Information Centres (NARIC) for information on the academic recognition of degrees http://www.enic-naric.net/.

2. The citizen’s nationality – the rules laid down by Directive 2005/36/EC on the recognition of professional qualifications only apply to the citizens in 30 countries: the 27 EU Member States plus Iceland, Norway and Lichtenstein. In order to benefit from the provisions laid down by Directive 2005/36/EC on the recognition of professional qualifications, when applying for recognition, the architect has to be the citizen of any of these countries. This rule also applies to the people with double citizenship. Example: an architect who is a Brazilian citizen has also Portuguese citizenship. The Directive also applies to the citizens of other countries (in addition to the 30 countries) who are family members of an EU citizen. Example: a Brazilian architect holds a degree in architecture issued in Portugal and he is married to a Portuguese citizen. If his/her family wants to live in France, the citizen may benefit from the recognition of the architectural profession in France according to Directive 2005/36/EC on the recognition of professional qualifications.

3. In the country having granted the qualification – Directive 2005/36/EC on the recognition of professional qualifications only applies if the architect has obtained the professional qualification in any of the 30 states indicated by the Directive. It is considered that the professional qualification in architecture was obtained in a Member State if the citizen was awarded the diploma after graduating a study programme in architecture with the minimum duration indicated by the Directive in an EU Member State. This rule does not apply for the EU citizens having achieved their professional qualification in another state. Example: A French citizen having obtained his/her qualification in architecture in Canada wants to work in architecture in France – for the recognition of his/her qualification he/she shall be subject to the French national legislation.

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a) Temporary provision of services in the architectural profession The architect who legally lives in a Member State and who wants to temporarily provide services in the field of architecture in another EU Member State shall do this according to the provisions laid down by Directive 2005/36/EC on the recognition of professional qualifications with reference to the temporary provision of services. The rules for the temporary provision of services are much more flexible than the rules applicable to the establishment.

The conditions to be fulfilled by an architect who wants to temporarily provide professional services in another EU Member State are: -

He/she has to legally live in any of the 27 EU Member States or in any of the following countries: Norway, Iceland, Lichtenstein. In this case the architect benefits from the automatic recognition of his/her qualification if he holds the qualification indicated by that Member State in Annex 5 to Directive 2005/36/EC on the recognition of professional qualifications. This qualification has to certify training at least at the minimum level required by the Directive.

-

He/she is physically on the territory of the EU Member State where he/she wants to provide the temporary professional services.

According to the definition in Directive 2005/36/EC on the recognition of professional

qualifications, a person is legally established in a Member State if he/she meets all the conditions applicable to the practicing of the profession in a Member State and if he/she is not prohibited from practicing, even temporarily. The applicant may be established in an EU Member State as an employee or as an independent professional and he/she is not obligated to actively practice his/her profession when filing the application.

Example: A French architect who is registered in the Professional Register of Architects in France is legally established even if he/she does not actively practice his/her profession at that time in France. He/she may ask for the right to temporarily provide services in Germany. On the other hand, if the architect is not registered in the professional register, he/she is not considered to be legally established.

Statement. For the first temporary provision of services in an EU Member State, the architect might be asked to submit a statement informing the competent authority in that state on this intention. Directive 2005/36/EC on the recognition of professional qualifications does not force the EU Member States to require such a statement, it is an option each state may apply within the limits of the Directive. If the Member State chooses to require such a statement, this is valid for one year. Afterwards if the architect wants to continue providing temporary services he/she shall have to file another statement, also valid for one year.

The written statement may be sent by mail and by fax, e-mail etc. It may be forwarded at any time prior to the first provision of the professional service. In some of the EU Member States the examination of this statement might last for up to 5 months.

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In order to find out which is the competent authority in the Member State the statement has to be forwarded to for the temporary provision of professional services, the architect may contact the national points of contact42.

The statement shall include the following information: full name, contact information (address, telephone number, e-mail address, etc.), citizenship, the profession for which the citizen is qualified in the EU Member State where he/she legally lives and the profession he/she wants to practice in the host Member State. Moreover, he/she has to provide information on the professional liability insurance: the name of the insurance company and its contact number. In addition, the architect shall indicate whether or not he/she wants to temporarily carry out professional activities in that Member State for the first time or if he/she applies for the renewal of his/her authorization.

In no way the host Member State may ask the applicant to indicate in the statement the place and/or date and/or duration of the service provided on its territory or to indicate an address on its territory, where he/she shall carry out his/her activity.

Documents that might be requested together with the statement: -

the proof of his/her nationality

-

a document certifying that the architect is legally established in a Member State and that he/she is not the subject of any interdiction on the practicing of his/her profession – even temporarily – issued by the competent authority in the Member State of establishment and a copy of the free practice certificate (signature right)

-

the evidence of his/her professional qualifications

-

the proof that he/she has never been convicted for extremely serious actions if he/she wants to work in high security fields and if the EU Member State requests the same thing from its citizens.

The competent authority in the host Member State cannot ask for the original copies of the

documents but it may ask for legalized copies of the important documents, such as the professional qualifications and the documents proving the professional experience. If the citizen cannot provide legalized copies thereof, the competent authority has the obligation to verify the authenticity of the documents by contacting the EU Member State where the applicant is legally established.

In the case of the architectural profession, no authorized translations of the documents are required as the qualifications are laid down by Annex V to Directive 2005/36/EC on the recognition of professional qualifications with their original names and they may be easily verified by the competent authority.

If the professional title held by the architect is not indicated by Annex V to Directive 2005/36/EC on the recognition of professional qualifications, he/she shall not benefit from automatic recognition and his/her qualification shall be examined by the competent authority in the host Member State. In this case, the 42

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competent authority may request the following types of information on the citizen’s training: the total duration of the studies, the studied subjects and the number of hours, the correlation between the theoretical classes and the practical applications, the professional experience, the continuous training – classes and seminars attended for the completion of his/her education.

The decision made by the competent authority may be different: 1. The competent authority may decide not to verify the applicant’s professional qualification and to grant him/her the right to temporarily provide the services.

2. The competent authority may decide to verify the applicant’s professional qualification and: b) to authorize him/her to provide the service c) to prohibit him/her from providing the service d) to ask him/her to take additional actions – in this case only after these actions are fulfilled the applicant shall be notified on the decision made by the competent authority, which may authorize the provision of services or it may prohibit it.

Compensatory actions. The competent authority may force the architect to take certain additional actions if there are substantial differences between the training completed by him/her and the training in the host country. They apply only if the citizen’s professional experience and/or the continuous training classes completed cannot compensate for the initial training differences. The competences may take the form of a skills test or of a professional internship stage.

The timeframe during which the competent authority in the host Member State makes a decision on the temporary provision of services in between one month since the receipt of the applications and of the supporting documents (if there are no file processing problems) and four months since the receipt of the applications and of the supporting documents (if there are no file processing problems). If the competent authority decides on the application of competences, the decision is made only after the architect meets this condition. In this case, the applicant has to take the competences during the month following the decision.

If the architect meets all the conditions related to the freedom to provide services, which are laid down by the national legislation in the host Member State transposing Directive 2005/36/EC on the recognition of professional qualifications, and the competent authority does not provide an answer during the set timeframe, after the expiration of this timeframe the architect may provide the service in the host Member State.

During the temporary provision of services in an EU Member State the architect has to comply with all of the professional and conduct rules related to his/her profession as long as they are valid in that state. In exchange, he/she does not have the obligation to enrol in the relevant professional organization or forum in that state and to have the professional liability insurance.

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b) Permanent practicing of the architectural profession in another EU Member State When an architect wants to move to another EU Member State in order to practice his/her profession, his/her qualification shall be verified much more and the formalities he/she has to meet are more complex. In order to find out which is the Member State competent authority he/she has to forward the file to for the recognition of his/her professional qualification, the architect may contact the national points of contact43.

Documents that have to accompany the application: -

the proof of his/her nationality

-

a document certifying his/her professional competences or qualification, which grants the citizen access to the architectural profession

-

the proof of his/her professional experience if the qualification was obtained in a third EU non-Member State and it is already recognized in another EU Member State – in this case the competent authority in the state the architect wants to move to may ask for a certificate issued by the competent authority in the EU Member State where his/her qualification is already recognized, indicating that he/she had practiced his/her profession in that EU Member State for at least 3 years

-

the proof of his/her professional integrity, reputation and financial worthiness – a statement indicating that his/her right to practice his/her profession has never been suspended due to serious or criminal professional actions

-

a medical certificate confirming that his/her health allows him/her to properly practice his/her profession, as applicable

-

the proof of his/her financial status and the health insurance

-

a certificate of conformity – issued by the Member State of origin and certifying the correlation between the applicant’s qualification and the qualification laid down by Annex V to Directive 2005/36/EC on the recognition of professional qualifications

-

if the qualification in architecture in not laid down by Annex V or VI or in other specific circumstances described by Directive 2005/36/EC on the recognition of professional qualifications – an attestation issued by the Member State of origin on the actual and legal practicing of the profession for at least 3 consecutive years over the last five years. In certain cases, the attestation should also indicate that the applicant is authorized to use the architect’s title in the Member State of origin prior to the date indicated by Directive 2005/36/EC on the recognition of professional qualifications for that Member State.

The competent authority in the host Member State cannot ask for the original copies of the

documents but it may ask for legalized copies of the important documents, such as the professional qualifications and the documents proving the professional experience. If the citizen cannot provide legalized 43

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copies thereof, the competent authority has the obligation to verify the authenticity of the documents by contacting the EU Member State where the applicant is legally established.

In the case of the architectural profession, no authorized translations of the documents are required as the qualifications are laid down by Annex V to Directive 2005/36/EC on the recognition of professional qualifications with their original names and they may be easily verified by the competent authority.

Application processing timeframe. Firstly the competent authority has to inform the applicant within maximum one month on the receipt of the application and if there are any missing documents. The competent authority has to make a decision within maximum three months since the receipt of the complete file for the cases of architect’s title and within maximum five months for the cases subject to the general recognition rules.

The recognition gives an architect the right to practice his/her profession in that EU Member State just as any other citizen of that state, who enjoys the same right. In other words, he/she has to comply with the same laws, regulations, administrative provisions and code of professional practice as the citizens of the host EU Member State do.

Automatic recognition of the qualification in architecture In order to benefit from automatic recognition, the architect has to fulfil the following conditions: -

To possess a qualification indicated by the Member State in Directive 2005/36/EC on the recognition of professional qualifications, Annex V.

-

This qualification has to certify a training period fulfilling the minimum requirements laid down by Directive 2005/36/EC on the recognition of professional qualifications. This is usually valid if the candidate’s academic training started after the year of reference in Annex V regarding the qualification and that EU Member State and not before.

Example: A Spanish architect possessing a formal qualification “titulo oficial de arquitecto” issued by Universidad Europea de Madrid and having started his/her education in the academic year 1998/1999 at the earliest (Annex V, point 5.1.7.) may benefit from automatic recognition.

An Italian architect possessing a formal qualification “laurea specialistica di architettura” issued by Politechico di Bari and having started his/her education after the academic year 1999/2000, but not having obtained the “diploma di abilitazione all ezercizio indiependente della professione”, which is required in Italy for the completion of the academic qualification (Annex V, point 5.1.7.), cannot benefit from automatic recognition.

SOLVIT is a problem solving network within which the EU Member States cooperate without using

legal procedures in order to solve the problems arising due to the inappropriate application by the public authorities of the legislation regarding the internal market. In each of the EU Member States there is a SOLVIT centre providing these services free of charge. It deals with the cross-border problems between an

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enterprise or a citizen (on one hand) and a public authority (on the other hand) where there is the possibility that the community legislation was incorrectly applied. The fields where the problems are very frequent and where there are complaints to be treated via SOLVIT are as follows: the professional recognition of qualifications and diplomas / degrees; the access to education; residency permits; the rights to vote; the social security; the rights to occupy a position; the driver’s licenses; the registration of motor vehicles; the border control; the access of products to the market; the access of services to the market; settling down as an independent; public procurements; taxation; the free movement of capitals and payments.

In each of the EU Member States there is a SOLVIT centre44 providing these services free of charge.

Any complaint sent via SOLVIT is solved by following four stages: Stage 1 – the acceptance of the case based on the verification of the action legality and if the documents included in the application by the centre of origin are not sufficient, additional documents are requested; Stage 2 – the receipt of the solution: the competent authority involved in the filed case is contacted and cooperates so that the proper solution is found pursuant to the European legislation; Stage 3 – the proposal of the solution (implemented or not), which has to be real, practical and consistent with the European legislation; Stage 4 – the monitoring of the solution if it was not implemented when making the proposal – a case is deemed as having been solved only when the solution is implemented and solves the applicant’s problem.

The EU Member States have to intensify their efforts in order to make sure that the individuals and companies can effectively make use of their rights related to the single market, guaranteeing an effective application and the execution of the legislation regarding the single market by the national courts by providing high-quality e-governing information, instruments and procedures, as well as by making investments into mechanisms designed for quick solving of problems. The SOLVIT potential is still insufficiently exploited as a key instrument for solving problems at national / European level, partly because of the insufficient number of employees working for the various SOLVIT centres and at the same extent due to the insufficient information of the European citizens on the competences of these centres.

The SOLVIT Centres in the eight Member States included in these Guidelines are: SOLVIT Italy: Presidenza Consiglio Ministri, Dipartimento Politiche Comunitarie, Piazza Nicosia 20, IT 00186 Roma, Tel. +39 06 677 95 844, Fax. +39 06 677 95 044, solvit@palazzochigi.it SOLVIT the Czech Republic: Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a obchodu, Na Františku 32, CZ - 11015 Praha 1, Tel. +420 22 422 1701, Fax. +420 22 485 3079, solvit@mpo.cz SOLVIT Denmark: Danish Business Authority (Internal Market Centre), Langelinie Allé 17, DK - 2100 Copenhagen, Tel. +45 35 46 62 00 (the hotline), Tel. +45 35 46 66 16, Tel. +45 35 46 66 73, SOLVIT@erst.dk 44

In Romania the contact details for the SOLVIT Centre are: Guvernul Romaniei, Departamentul pentru Afaceri Europene, Bvd. Aviatorilor nr. 50A, Sector 1, Bucuresti 011854, Romania, Tel.:+4021.308.53.60, Fax:+4021.318.55.24, E-mail: solvit@dae.gov.ro

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SOLVIT Germany: Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37, DE - 10115 Berlin, Fax. +49 3018 615 5379, solvit@bmwi.bund.de SOLVIT Spain: SOLVIT – España, Ministerio de Asuntos Exteriores y de Cooperación, Serrano Galvache 26, ES - 28033 Madrid, Tel. +34 91 379 9999, Fax. +34 91 394 8684, solvit@ue.maec.es SOLVIT

the

Netherlands:

Ministerie

van

Economische

Zaken,

Landbouw

en

Innovatie,

Bezuidenhoutseweg 30, Postbus 20101, NL - 2500 EC, Den Haag, Tel. +31 70 379 7708, Fax. +31 70 379 7014, solvit@mineleni.nl SOLVIT Austria: Bundesministerium für Wirtschaft, Familie und Jugend, SOLVIT Center, Abteilung C1/2, Stubenring 1, AT - 1010 Wien, Tel. +43 1 71100-5119, Tel. +43 1 71100 – 5293, Tel. +43 1 711005187, Fax. +43 1 71100-2207, solvit@bmwfj.gv.at SOLVIT Great Britain: Department for Business, Innovation and Skills, 1 Victoria Street, UK - London SW1H

0ET,

Tel.

+44

20

7215

2833,

Fax.

+44

20

7215

2234

solvit@bis.gsi.gov.uk

3.2. Recognition of the qualification in architecture in Italy Italy has implemented Directive 2005/36/EC on the recognition of professional qualifications through the Legislative Decree no. 206 of November 6th, 200745. This Decree sets out the rules based on which the citizens in the EU Member States may practice in Italy the regulated profession they have been qualified for in their Member State of origin. The conversion refers to the so-called “regulated” professions defined by Article 4, paragraph 1, letter a) in this Decree. The Decree applies to the applicants in the EU Member States, who want to practice their profession in Italy either as employees or independently – including as freelancers, a regulated profession based on a professional qualification attained in a Member State of the European Union and the conditions allowing them to practice their profession. Moreover, the competence certification is done based on several general regulatory acts.

The profession the applicant wants to practice in Italy shall be the one he/she had received the qualification for in his/her Member State of origin if the activities are comparable and if they can be practiced as a permanent activity or as a temporary and occasional provision of cross-border activities.

Based on Article 56, paragraph 4, and Article 57 in Directive 2005/36/EC, the Department for Coordination of Community Policies attached to the Presidency of the Council of Ministers is the national coordinator and the National Point of Contact46.

45

“Attuazione della direttiva 2005/36/EC relativa al riconoscimento delle qualifiche professionali, nonche' della direttiva 2006/100/EC che adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania” 46 Presidenza del Consiglio dei Ministri, Dipartimento Politiche Comunitarie, Ufficio Mercato Interno e Competitività, Piazza Nicosia 20, 00186 ROMA, ITALY, e-mail: puntonazionaledicontattoqualificheprofessionali@politicheeuropee.it, Website: www.politichecomunitarie.it. Persoane de contact: Dott.ssa Lucia Monaco e-mail: lu.monaco@palazzochigi.it, Dott.ssa Maria Giuseppina Castellano e-mail: g.castellano@palazzochigi.it, Tel.: 0039 06 677 92 548- Fax: 0039 06 6779 5064.

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For the recognition of the professional qualifications in architecture, Directive 2005/36/EC on the recognition of professional qualifications provides a system based on the preventive harmonization of the training direction and providing the automatic recognition.

For the recognition in the general system, the recognition application is sent to the Competent Authority in the host Member State (Italy). This application has to be accompanied by certain documents and certificates indicated by Annex VII to Directive 2005/36/EC on the recognition of professional qualifications.

Usually, the documents requested in Italy from the EU citizens who want to move to this country are47: 1.a copy of a valid ID Card where the signature of the person in question is not present 2.an authenticated copy of the qualification specific to the targeted profession (with an indication of the passed examinations so that the significant differences from the national training laid down by Article 14 in Directive 2005/36/EC on the recognition of professional qualifications may be identified) 3.an authenticated copy of the qualification specific to the activity if it is indicated by the country having issued the qualification 4.a legalized copy of the enrolment in the Profession Register of the country where the title was obtained, only if they are issued in this country 6. a certificate confirming that there are no criminal or professional obstacles impeding the practicing of the profession; this certificate is issued by the competent authority in the country of origin and/or the country of provenance 7. a certificate detailing any working activity in the country of origin following the completion of the qualification to be recognized (including the practical trainings).

In the case of the professions regulated in Romania and in Italy, the following documents are necessary:

1.

a certificate or another attestation issued by the competent authority in Romania, indicating that the diploma authorizes – in the country of provenance – the applicant’s practicing of the profession

2.

the detailed syllabus of the education, with a clear indication of the hours of education and of the topics covered by each subject, as well as of the number of internship hours; this document has to be issued by the school having issued the diploma

3.

a certificate confirming the activity carried out in the country of origin or the country of provenance, following the issue of the diploma to be recognized

47

Sursa: Presidenza del Consiglio dei Ministri, DIPARTIMENTO PER L’INFORMAZIONE E L’EDITORIA - GUIDA ALL’UTENTE, Direttiva 2005/36/CEE relativa al riconoscimento delle qualifiche professionali

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a certificate confirming the internship stages done, the specialization courses or the possession of other diplomas.

All the documents drawn up in a foreign language have to be accompanied by a translation into

Italian, which shall be certified as being consistent with the original and issued by the Italian diplomatic or consular authority in the country having issued the diploma or by an official translator of an Italian court.

The use of photocopies by the EU citizens is done according to the Act no. DPR 445/2000, requiring that they are accompanied by a sworn declaration of conformity with the original, to be made by the applicant.

The authorities shall randomly verify the truthfulness of these declarations.

The original documents cannot be withdrawn afterwards by the interested party or the proxy upon the completion of the diploma recognition procedure.

The architectural profession is being regulated in Italy, and the competent authority is Ministero dell'istruzione, dell'università e della ricerca. A civil engineer may execute certain construction and architectural works but he/she cannot practice the architectural profession.

3.3. Recognition of the qualification in architecture in Spain The Royal Decree48 1837/2008 includes in Annex VIII (Annex L11a_2) the alphabetical list of the professions and activities classified depending on the level of training existing in Spain for the people to have access to the practicing of their profession in correlation with the levels described in Article 19 (Article 11 in Directive 2005/36/EC on the recognition of professional qualifications).

The regulated professions in Spain in the field of architecture are the architectural profession and the technical architect profession, and the competent authority is the Ministry of Housing (Ministerio de la Vivienda).

The recognition of the architectural profession in Spain is done directly and pursuant to the provisions laid down by Directive 2005/36/EC on the recognition of professional qualifications. However, if the applicant does not meet the minimum training conditions laid down by the Directive or if the diploma is not included in Annex V, the compensatory mechanisms common to the Member States shall apply: a skills test or a professional practice period, which shall be applied prior to the recognition of the title.

The file has to include the following documents: the Application for the recognition of the diploma obtained in an EU country, submitted at the Ministry of Education (standard official form), a legalized photocopy of the academic and professional title, a legalized copy of the proof of citizenship, the official translation of the academic and professional title into Spanish. Result: the Certificate for recognition of the professional title. After receiving this document the architect has the obligation to enrol in the professional 48

REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directive 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directive 2006/100/EC, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320.

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college in the region where he/she wants to move in and he/she has the right to practice his/her profession only in that region.

Legislation on the professional recognition in Spain Spain has implemented Directive 2005/36/EC on the recognition of professional qualifications through the Royal Decree49 1837/ 8.11.2008, which sets out the rules based on which the citizens in the EU Member States may practice in Spain the regulated profession they had been qualified for in their own Member State of origin.

Regarding the recognition procedure in Spain, we can summarize it as below: It consists in the recognition – in Spain – of the qualifications attained by the nationals of any Member State in the European Union, of any state in the European Economic Area (Iceland, Norway and Liechtenstein), in Switzerland and – when applicable – by citizens of third countries who are in addition citizens of any of the states mentioned above (double citizenship) for them to have the right to practice their profession or a regulated activity in Spain, with the same effects as if they had achieved the qualification specific to Spain. The official recognition gives the interested party the right to become a member in the respective professional associations and to practice his/her profession in the activities exclusively established for the respective professional group.

The application has to be sent by the applicant directly to the General Technical Secretariat50. It has a standard form and has to be accompanied by various justifying documents (both academic and professional), certified, accompanied by their official translation into Spanish (made by an authorized translator, any diplomatic representative office or by the Spanish Consulate or – if abroad – by the diplomatic or consular representative office of the applicant’s country of citizenship in Spain).

Recognition of the qualification in architecture in Spain The architects are the professionals in charge with the designing of urban buildings or premises, as well as with the proper development of their construction. The architectural profession is a regulated profession in Spain.

For an effective activity, the architects have to be registered at the College of

Architects, both those who want to live in Spain and those who want to provide their professional services.

The professional practice shall be done under free competition conditions and under the Competition Protection Law and the Unfair Competition Law, for the provision of services and the determination of their remuneration. Other aspects related to the professional practice are being regulated by the standards established by the College of Architects the applicant belongs to.

Provision with determination 49

REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directive 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directive 2006/100/EC, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320.

50 Paseo de la Castellana, 162 - 28071 Madrid

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Step 1. The recognition of the relevant title – The same as the general requirements for the regulated professions.

Step 2. Registration in the College of Architects in the area where the services are to be provided.

Documents: The requested documents are the same as for all the autonomous communities.

- a filled out application form - the original or the legalized copy of the architect’s title or of the certificate issued by the university or the title recognized by the relevant ministry - the ID Card or another document confirming that the applicant is a citizen of an EU Member State - the statement for registration in the taxpayers’ register or a certificate of registration in the professional association - the statement on the civil liability - photographs for final examination (their number is to be indicated by each school) - a form specific to each College.

The additional documents for the provider in another Member State: - a certificate issued by the country of origin, confirming the qualification; it has to be accompanied by a notarized translation - an affidavit stating that the person has not been registered as an architect in any of the EU countries and that he/she has not practiced the architectural profession, otherwise: a certificate issued in the Member State of origin stating that the person is not the subject of any disciplinary sanction targeting the practicing of the profession.

Result: licensing, the number of college and license registration, the documentation standards for the person to be allowed to carry out his/her activity.

Regulations on changing residency: provisions on the recognition of the professional title for the people who already live in Spain and who want to practice their profession in another autonomous region in Spain.

The proof of having changed residency (moving from one region into another).

Requirement: the Residency Certificate issued by the Professional College the person leaves from.

Documents: the documentation requirements are not uniform for all the regional governments but the most common of them are: -

a filled out application form

-

a discharge certificate, to be issued by the College of Architects. In certain colleges (e.g. País Vasco) the discharge certificate for the previous residency is being requested too

-

a copy of the certificate issued by the college on the professional title (as the professional body in question)

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data on the bank account. In certain colleges, the cheque confirming the payment of the registration fee or the proof of payment are required

-

the proof that the person has taken a professional liability insurance

-

a copy of the ID Card.

Result: The number of registration in the professional college and the documentation standards for the activity to be carried out.

Temporary provision of services in the field of architecture Step 1. Intercollegiate communication for the practicing of the profession The architect provides a service for a definite term in an area different from the one he/she is being authorized for. In this case he/she has to be registered in the professional college where he/she usually carries out his/her activity.

The necessary documents are: a form for communication between professional colleges, which is filled out by the school of origin and the architect, providing details on the service to be provided and the proper delimitation.

The architect who is a citizen of an EU Member State and who shall provide services in Spain has to meet the following conditions for having access to this activity: Step 1. Title recognition – The conditions covered by this step are the same as the common conditions for the regulated professions.

Step 2. Temporary registration in the Professional College in that region, both for the Spanish citizens and for the providers who are citizens of an EU Member State. In this case registration is done free of charge.

The necessary documents are the same for all the regions; the common documents are indicated below: - application – the request for being enrolled in the college; - a certificate issued by the country of origin and accrediting the professional title and its official translation; - a statement for assuming the civil liability. o If the taken civil liability insurance is not in Spanish, the legalized translation of the policy and a validity certificate shall be attached. o If no civil liability insurance has been taken, the person might be asked to take insurance as requested by that college.

Result: Necessary instructions and information documents for the practicing of the professional activity.

Recognition of the qualification in technical architecture in Spain

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Act no.51 12/1986 regulates the technical competences of the technical architect and highlights the fact that he/she is independent and autonomous and fully liable for his/her practice. In order to practice the geodesist or architectural technician professions the enrolment to the College of Technical Architects is essential.

Provision with establishment in the technical architect profession Step 1. Recognition of the proper title – the same requirements as the general requirements for regulated professions shall apply.

Step 2. Registration in the Professional College – the College of Technical Architects corresponding to the establishment place.

The documents that have to accompany the application are: an enrolment application, the technical architect academic title or the title recognition attestation issued by the competent authority, a statement confirming that the person has not been excluded from the professional body or that his/her right to practice the profession has not been suspended, a certificate for having paid the fees at the professional college up to date, photographs, an ID Card confirming that the person is a citizen of an EU Member State.

If the applicant wants to carry out his/her activity independently, he/she has to add to the file the following documents: -

A registration certificate confirming that he/she is an autonomous provider of professional services or for his/her affiliation to Régimen Especial de Trabajadores Autónomos de la Seguridad Social.

-

The professional liability insurance taken with an accredited insurance company.

Result: Training and information documentation necessary for the person to be able to carry out his/her professional activity.

Provision of temporary services by the technical architect Step 1. Intercollegiate communication for the practicing of the profession The architect provides a service for a definite term in an area different from the one he/she is being authorized for.

Condition: he/she has to be registered in the professional college where he/she usually carries out his/her activity.

Documents: a form for communication between professional colleges, which is filled out by the school of origin and the architect, providing details on the service to be provided and the proper delimitation.

Result: the communication document.

A provider who is a citizen of an EU Member State: The professional who is the citizen of an EU Member State who shall provide services in Spain.

Conditions for having access to the activity: 51

Ley 12/1986, de 1 de abril, sobre regulación de la atribuciones profesionales de los Arquitectos e Ingenieros técnicos, «BOE» núm. , de 2 de abril de 1986, páginas 11573 a 11574 (2 págs.)

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Step 2. Title recognition – The conditions covered by this step are the same as the common conditions for the regulated professions.

Step 2. Temporary registration in the Professional College in that region, both for the Spanish citizens and for the providers who are citizens of an EU Member State.

3.4. Recognition of the qualification in architecture in the Czech Republic The recognition of the professional qualifications and the list of necessary documents are being regulated in the Czech Republic by Act no. 18/2004. Just as in Romania, in the Czech Republic there is the Professional Qualifications Recognition Centre that is similar to the National Centre for Recognition and Equivalence of Diplomas in Romania [10].

The Centre provides information on the recognition of professional qualifications and on the regulations applicable in the Czech Republic based on Directive 2005/36/EC on the recognition of professional qualifications. The Centre coordinates the activities of the recognition authorities and represents the Czech Republic at the European Commission. Contact details: the Ministry of Education, Youth and Sport, the Professional Qualifications Recognition Centre, the Department for “Adults’ Education”52. The Centre manages the databases including the regulated and non-regulated professions in the Czech Republic.

For each profession there are qualification requirements, specific recognition commissions and legal regulations applicable to that profession in the Czech Republic. The database specific to the type of profession also includes information on the recognition procedure (Figure 3) [6] and the application form for the recognition of a professional qualification [7] (translated in Annex 1). In the case of the regulated professions, the contact point may rather be the Ministry of Industry and Commerce53, due to the fact that it is relevant by the highest number of regulated professions under its supervision.

Just as in Romania the regulated professions are recognized only by the relevant competent authorities54 through the submission of an application accompanied by the related documents: the application form in Czech, the personal identification, a document certifying the candidate’s nationality, the proof of his/her formal qualifications and the receipt confirming the payment of the administrative fee amounting CZK 2000 [6].

The recognition authority shall examine whether or not the application and the attached documents include the necessary information for the qualifications to be attested and for a decision to be made. If necessary, the competent authority shall ask the candidate for additional information. After the qualification recognition commission receives the file, it is obligated – according to Article 24, paragraph 5 in Act no.

52

Karmelitská 7, 118 12 Praga 1, tel.: + 420 257 19 33 76, e-mail: qualifications@msmt.cz, web: www.msmt.cz The contact details of the Ministry of Industry and Commerce are: Na Františku 32, 110 15 Praha 1, Tel.: + 420224851111, Fax: + 420224811089, E-mail: posta@mpo.cz, web: www.mpo.cz 54 There is also the possibility to request the application from the Professional Qualifications Recognition Centre, which redirects the application to the relevant competent authority.

53

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18/2004 – to make a decision within maximum 60 days. In the complex cases, the authority may exceed this timeframe but it is still obligated to make a decision within maximum 90 days [3].

Following the examination of the application filed by the candidate, the competent authority has to make a decision pursuant to one of the following circumstances: - the professional qualification is recognized, or - the application for the professional qualification recognition is rejected In the case of non-compliant recognition, the competent authority shall notify the applicant on the compensatory methods either as an internship stage or as a skills test to be taken by the candidate.

The recognition commission takes compensatory actions only if there are substantial differences between the applicant’s certified competences and the ones required for the practicing of the profession in the Czech Republic.

During the internship stage, the candidate provides regular services under a professionally competent person’s supervision. Another training stage might be included in this period. The duration of the adjustment period cannot exceed 3 years.

The skills test usually consists in a written test and an oral test. It is usually taken in Czech before a recognition commission that is representative for the respective qualification, a university or another institution taking into account the national’s specialization. The examination is meant to establish whether or not the candidate has the knowledge and competences necessary for the practicing of the profession and which have not been included in the candidate’s previous training (the examination costs CZK 5000 at the most). The decisions made by the recognition authority commissions may be challenged within maximum 15 days since being communicated. Moreover, the inconsistent decisions may be challenged in court through a civil action (Article 72 and Article 247 in Act no. 150/2002) within maximum 2 months since the referral of the decision to the file assessment commission.

The NARIC CZ Centre55, a member in the EU ENIC network since 1997, provides information on the higher education qualifications in the Czech Republic and the EU countries, facilitating this way even the recognition of the professional qualifications attained by the Czech citizens having left the country to work abroad.

Moreover, the National Institute for Technical and Vocational Education and Training56 (NUOV) is a consultancy centre for elementary or higher education qualifications. Upon the request received from the competent authorities, NUOV provides expertise on the level of education attained by an applicant or the contents and scope of his/her education for the requested qualification, so that there is no doubt that the

55

Contact details: the Higher Education Centre / Education Document Equivalence Centre – ENIC/NARIC, Udvou srpů 2024/2, 15000 Praha 5, Tel.: + 420257011335, Fax: + 420257531672, e-mail: naric@csvs.cz, web: www.naric.cz.

56 Contact details: the National Institute for Technical and Vocational Education and Training, Weilova 1271/6, 102 00 Praha 10, Tel.: + 420 274 862 251 – 6, Fax: + 420 274 863 380, E-mail. nuov@nuov.cz, web: www.nuov.cz.

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national has the competences required for him/her to practice the regulated profession in the Czech Republic.

NUOV cooperates with similar institutions abroad.

The permanent practicing of the architectural profession in the Czech Republic Act no. 360/1992 Coll. on the Professional Practice of Certified Architects and on the Professional Practice of Certified Engineers in the construction field describes the requirements that have to be complied with for the establishment and permanent practicing of the architectural profession in the Czech Republic.

The people who want to practice their profession as architects in the Czech Republic have to register at the Czech Chamber of Architects.

The application file57 contains: - the standard application58 - copies of the diplomas, graduation certificates - a document confirming the professional experience – a description of the professional experience and a presentation of the most representative works (a portfolio of the architectural designs developed) - a document proving the adequacy – a certificate of criminal record - a document confirming the existence of an insurance against professional errors - the proof that the enrolment fee amounting CZK 2000 has been paid into the Czech Chamber of Architects account59.

Following the recognition the architect receives the license / certificate and the stamp (seal), and he/she has to pay the annual contribution amounting CZK 6000 to the Czech Chamber of Architects and then he/she shall enjoy the same professional rights as any architect who is a Czech citizen does.

Temporary provision of services in the architectural profession in the Czech Republic The documents attached to the notice for the temporary provision of services in the field of architecture in the Czech Republic are the same as those applicable to the establishment. In addition, the same fee amounting CZK 2000 has to be paid. The professional recognition for the temporary provision of services is valid for 1 year. The architect has the same rights as a Czech certified architect, except for the right to vote in the General Assembly of the Czech Chamber of Architects. The application60 for notification on the temporary provision of services in the field of architecture in the Czech Republic in standardized.

On the documents to be issued in the Czech Republic, the architect having the temporary right to practice his/her profession shall affix his/her original seal and shall mention the registration number received from the Czech Chamber of Architects.

57

The file is to be forwarded to the following address: Mrs. Ondraková Milena (Secretary of the Certification Committee), Josefská 34/6, Praha 1, 118 00, Czech Republic milena.ondrakova@cka.cc or katerina.folprechtova@cka.cc.

58 http://www.cka.cc/cca/prilohy/form_resident_person 59 IBAN CZ 37 0800 0000 0019 2814 0339, BIC: GIPACZPX., 2814 0339, Česká spořitelna, a.s., Rytířská 29, Praha 1 60 http://www.cka.cc/cca/prilohy/form_visiting_person

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3.5. Recognition of the qualification in architecture in Austria The architectural profession is being regulated in Austria.

The competent authority is: Bundesministerium für Wirtschaft, Familie und Jugend61 – the Federal Ministry for Economy, Family and Youth.

The law regulating the architectural profession in Austria:

Bundesgesetz über Ziviltechniker

(Ziviltechnikergesetz 1993 - ZTG), StF: BGBl. Nr. 156/1994 (NR: GP XVIII RV 498 AB 1492 S. 153. BR: 4745 AB 4752 S. 580.)

The recognition of the architectural profession for the citizens in the EU and EEA states and in Switzerland An architect who is the citizen of an EU or EEA state or a Swiss citizen may apply for practicing his/her profession in Austria. The authorization is done by the Federal Ministry for Economy, Family and Youth.

Application requirements: the proof of his/her nationality, the proof that he/she has the right to practice his profession as an architect in the country of origin, the proof of good conduct, financial solvency and non-violation of the profession ethics code, issued by the competent authority in the country of origin.

The professional organizations in the lands are: 

Chamber of architects and chartered engineering consultants for Vienna, lower Austria and Burgenland62



Chamber of architects and chartered engineering consultants for Styria and Carinthia63



Chamber of architects and chartered engineering consultants for Upper Austria and Salzburg64



Chamber of architects and chartered engineering consultants for Tirol and Vorarlberg65.

3.6. Recognition of the qualification in architecture in Great Britain In Great Britain, the access to the regulated professions benefiting from automatic recognition of professional qualifications achieved in the other EU Member States is done according to the provisions laid down by Directive 2005/36/EC on the recognition of professional qualifications.

Temporary provision of services in a regulated field In order to provide services for a definite period of time in a regulated field in Great Britain, the interested persons have to carry out their usual activity on the territory of another EU Member State, to hold a qualification that allows them to practice the regulated profession in their country of origin and not to be the subject of an interdiction issued by the authorities in that state with reference to the said right.

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Contact details: Stubenring 1, Abteilung I/3, 1010 Wien, Phone: +43-1 71100, Fax: +43-1, 7142718, Email: service@bmwa.gv.at, URL: www.bmwa.gv.at.

62 Kadam 9, 1040 Vienna, T 01/505 17 81/0 63 Schönaugasse 7, 8011 Graz, T. 0316/82 63 44/0 64 Kaarstraße 2 / III, 4040 Linz, T. 0732/73 83 94/0 65 Rennweg 1, 6020 Innsbruck, T. 0512/58 83 35

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The temporary provision of services is allowed only after the competent authority in Great Britain is notified properly. In certain cases the person might be asked to submit documents on the practicing of the profession in the country of origin, to take a skills test or to go through a short-term adjustment period.

During the provision of the services, the professional title existing in Great Britain has to be used and the professional regulations imposed by the professional competent authority have to be complied with.

In the field of architecture there are two regulated professions: the architectural profession and the registered technical architect profession. The competent authorities are: Regulated Profession

Competent Authority

Architect

Architects Registration Board66

Registered Architectural

Chartered Institute of Architectural Technologists

Technologist

For the recognition of the professional qualification, the architect who is a citizen of an EU Member State has to submit an enrolment application at the Architects Registration Board. The application may be submitted online67 or by mail68. For the mailed application the form may be downloaded at: http://www.arb.org.uk/Upload/40127-ARB-Form-K-Euorpean-PR.pdf.

The

application

has

to

be

accompanied by a copy of the ID Card, the official address of the office where the person practices his/her profession, the proof of the qualifications – degrees, a statement issued by the competent authority in the country of origin certifying the qualification, the proof of the person’s nationality, a copy of the marriage certificate if the person’s last name has changed and the proof of having paid the application fee (GBP 35) and the enrolment fee (GBP 246 payable in four instalments).

3.7. Recognition of the qualification in architecture in Denmark The procedure for the qualification recognition involves the submission of the application to the Danish Agency for Universities and Internationalisation. In addition, an authorization or a similar recognition document from the Danish competent authority is also necessary. If temporary services are to be provided in Denmark, the EU/EEA citizens have to only submit a statement.

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8 Weymouth Street, W1W 5BU London, United Kingdom, tel. 0207 580 5861, fax 0207 436 5269, http://www.arb.org.uk https://applicants.arb.org.uk/Login.aspx?status=n&formtype=eu 68 UK Qualifications, 8 Weymouth Street, London, W1W 5BU, T: 020 7580 5861 F: 020 7436 5269 E: info@arb.org.uk W: www.arb.org.uk 67

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Professional recognition for citizens in the EU, Iceland, Norway, Lichtenstein and Switzerland.

If the applicant is a citizen of these states and if he/she has completed his/her studies in any of these states and has the right to practice his/her profession in that state, he/she has the right to freely practice his/her profession in Denmark, because the architectural profession is not being regulated.

The architect may enrol in the Architects’ Association of Denmark. As the profession is not being regulated, the Architects’ Association may issue a Membership Certificate in the Architects’ Association (MAA), which is identical to the one received by the Danish architects who are members in the Association.

This certificate does not give its holder any additional rights as the Architects’ Association is not the competent authority, but merely a professional association. The enrolment in the Architects’ Association is not mandatory.

The architect provides the services under the professional title in his/her country of origin. The Danish title may be used only if the applicant’s professional qualification in Denmark has been verified.

3.8. Recognition of the qualification in architecture in the Netherlands The Foundation for Cooperation on Vocational Education, Training and the Labour Market69, and the Netherlands Organization for International Cooperation in Higher Education70 are the two Dutch centres for recognition of qualifications attained in other states, depending on the qualification type: NUFFIC (in the Hague), for the recognition of higher education degrees and of general pre-academic education diplomas, and S-BB (in Zoetermeer), for the recognition of qualifications attained in the EFP system. All the information necessary for the recognition of a qualification obtained outside the Netherlands may be obtained by visiting the website: http://www.idw.nl/stArticlehtml. If the person wants to practice a regulated profession in the Netherlands, the first step is to verify on the Professionalrecognition.nl website if the targeted profession is part of the regulated or non-regulated professions and – if the profession is being regulated – to identify the organization playing the role of the competent authority and managing the recognition process.

Regarding the access to the practicing of the profession, in the Netherlands the professions may be classified into the same two large categories: regulated professions and non-regulated professions. In the case of the non-regulated professions, for the legal practicing of that profession no recognition of the professional qualification by a competent authority in the Netherlands is necessary if the professional title was obtained in another Member State.

Nuffic also plays the role of NARIC in the Netherlands, therefore it provides support both for the applicants asking for the recognition of their qualifications in the higher education system (workers, 69 70

Foundation for Cooperation on Vocational Education, Training and the Labour Market (S-BB) NUFFIC - Netherlands Organization for International Cooperation in Higher Education (in the Hague)

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employers), and the competent authorities for the regulated professions, as well as for information on the provisions laid down in Directive 2005/36/EEC on the recognition of qualifications attained in the higher education system.

The recognition of the qualifications is done in a separate department within S-BB, which is financed by the Ministry of Education out of a special fund.

Normally a recognition process may last up to 4 months.

3.9. Recognition of the qualification in architecture in Germany The recognition of qualifications for foreign citizens in Germany is done depending on the access to studies and for the practicing of the profession.

In Germany, Directive 2005/36/EC on the recognition of professional qualifications was transposed quite late into the national legislation and the special professional regulations. For the recognition of the professional qualifications obtained abroad, in 2012 Germany adopted the “Recognition Act”, also known as the Act for the improvement of assessment / analysis and recognition of foreign professional qualifications"; it regulates the recognition of foreign qualifications for the professions the federal government is in charge with.

The Recognition Act combines a new federal act, the Act of professional qualification determination - BQFG (the responsibility of BMBF) with the amendments made in the current legislation and the professional regulations (government departments in charge with the respective fields). The law on the assessment and recognition of professional qualifications (BQFG – Article 1 in the Recognition Act) is a federal law part of the new area of competence of the Federal Ministry of Education and Research. It is the basic legislation for the recognition of professional qualifications in Germany, stating the procedures and criteria for the assessment of foreign professional qualification equivalence to those applicable to the German reference profession, providing support for the integration of the skilled immigrants and of skilled foreign workers on the German labour market. Since April 1st, 2012, the possibility for your foreign professional qualifications to be recognized in Germany has improved significantly.

The act issued by the Federal Government for the recognition of the diplomas inserts the legal right for people to have the qualifications obtained abroad evaluated in comparison to their equivalent in Germany, improving the opportunities granted to individuals having obtained professional qualifications abroad to practice their professions in Germany. This act includes extended, simplified and improved procedures for the assessment of foreign vocational qualifications under the responsibility of the Federal Government. However, this act does not regulate the professions that fall under the responsibility of the German lands.

In this context, the recognition of the architectural profession in Germany is being regulated by the legislation in force in the German lands. The applications for professional recognition are to be submitted to the relevant professional chambers in the 16 lands.

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IV. Practicing of the architectural profession in the European Union In Romania, the signature right may be exercised in individual offices, offices in association, designing companies or other forms of association established under the law. The legal entities having employed no architect being granted the signature right, but who caries out designing activities, have the obligation to use – for the development of the town planning documentations and of the architectural designs to be approved or authorized – the services provided by an architect who has been granted the signature right based on a contract.

Irrespective of the ways used for the practicing of the profession, the architects having the signature right may become general designers. Irrespective of the ways used for the practicing of the profession, the architects having the signature right may hire employees.

The architects, owners of individual offices or offices in association or who are part of a civil society of architects, may start their activity only after declaring form and way chosen for the practicing of their profession through a statement submitted to the local subsidiary of the Romanian Order of Architects they are part of and after they are registered at the tax administration in the locality where they carry their activity.

The obligation to promptly notify the local subsidiary in writing on any changes in the form of association, any form of collaboration or employment belongs to the architect as well as to the owner of the individual office or to the coordinator of the offices in association and of the professional civil societies.

During his/her professional activity, the architect having the signature right has the obligation to comply with the Architectural Profession Deontological Code71.

The occupations corresponding to the qualification in architecture in Romania, according to the Occupational Classification in Romania, are: 

Group 2161 Builders-Architects – commercial, industrial, institutional, residential and entertainment buildings; they plan and monitor the construction, its maintenance and restoration. This group includes: code 216101 building architect, code 216102 conductor architect, code 216103 restoration architect, code 216104 architect-counsellor, code 216105 expert architect, code 216106 specialized inspector architect, code 216107 architect specialized reviewer.



Group 2162 Architects in the landscaping field – they plan and design landscapes and open spaces such as parks, schools, institutions, roads, outside areas for commercial, industrial and residential premises, they plan and monitor the construction, its maintenance and restoration. This group includes code 216201 architectural landscaping and land management

71

http://www.oar.org.ro/upload/2012/Codul_deontologic_al_profesiei_de_architect.doc

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Group 2164 Designers in the town planning and traffic systematization fields – they develop and implement plans and policies for the controlled used of rural and urban lands and for traffic systems.

They directly coordinate research activities and provide counselling services on the economic, environmental and social factors having an impact on the use of lands and traffic flows. This group includes: code 216401 town planner and code 216402 town planning architect.

In Italy the authorized architect has to be registered at the professional association in the province

where he/she wants to practice his/her profession and to be submitted to the specific deontological code and rules.

The Occupational Classification in Italy states as follows: In Chapter 2.2.2.1.1. Architects – the following occupations: architect, interior designer, interior architect, building architect, naval architect: in Chapter 2.2.2.1.2. Planners, landscapists, land conservation specialist – the following occupations: designing architect for compatible environmental facilities and services, conservator for architectural and ambient goods, expert in environmental management and land recovery, landscapist, territorial planner, town planner.

For the effective development of their activity, in Spain the architects have to be registered at the Association of Architects, both those who want to move to Spain and those who want to provide professional services.

The professional practice shall take place under free competition conditions and according to the Competition Protection Act and the Unfair Competition Act regarding the provision of services and the determination of their remuneration. Other aspects related to the professional practice are being regulated by the rules established by the Association of Architects the applicant is being registered at.

The national occupational classification in Spain includes – in the field of architecture – the following occupations, classified into the category with code 248 – technical architects, land surveyors and designers: code - 2481 technical architects and town planning technical designers, code 2482 – fashion designers and items, code 2483 – surveying technical engineers, code 2484 – graphical and multimedia designers.

In the Czech Republic, following the recognition the architect receives the license / certificate and the stamp (seal), and he/she has to pay the annual contribution amounting CZK 6000 to the Czech Chamber of Architects and then he/she shall enjoy the same professional rights as any architect who is a Czech citizen does.

In Denmark the architectural profession is not being regulated, and this is why there is no kind of restriction on the practicing of this profession. In addition, no architect’s title is professionally protected in this country. There is the Architects’ Association of Denmark, but the registration into this association is not a prerequisite for the practicing of the profession. The architect’s position is not restricted by the Danish legislation.

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In the Netherlands the architectural profession is not being regulated, but the architect’s title is being protected. Still the architectural activities and services are not reserved to the owners of this title. In this state, the legislation is focused on the construction sites and buildings. No or very vague regulations apply to the professionals in the construction field. Any operator may carry out construction activities but the construction designs filed are analyzed in detail by the local authorities.

In Germany the practicing of the architectural profession (design planning, approval planning, supervision of construction works during the actual construction phase, supervision building) is limited only if this activity is being carried out under the professional architect’s title that is legally protected. Besides certain building engineers, only the professionals holding the architect’s title have the right to develop construction plans and to approve for the local authorities the construction designs, and this restriction applicable to the members of this profession as stipulated by the land construction Acts (16 different construction acts, one for each individual land).

Comparative analysis of the activities reserved to the architectural profession in the EU states A study conducted in 2012 by the Centre for Strategy & Evaluation Services in Great Britain72 did a legal inventory of the activities reserved for the regulated professions in the construction field, economic services and tourism in the 13 EU Member States. Therefore, in the construction field some of the activities are exclusively reserved to the architects, and other activities are carried out both by architects and by engineers. But the type of exclusive and part-time activities varies from one country to another. Therefore, in the 13 studied Member States 81 activities reserved for the architects have been identified and 9 of them are exclusive and 72 are part-time with other professions.

Table73 5 shows a summary of the number of exclusive and part-time reserved activities carried out by the architects in the states covered by our study: Italy, Germany, Spain, the Netherlands, Great Britain, Denmark and the Czech Republic.

EU Member Exclusive Part-time Total of activities State activities activities the Czech 3 3 6 Republic Germany 0 21 21 Denmark 0 0 0 Spain 0 17 17 Italy 0 6 6 the Netherlands 0 0 0 Great Britain 0 0 0 Table 5: Number of exclusive and part-time reserved activities carried out by the architects in Italy, Germany, Spain, the Netherlands, Great Britain, Denmark and the Czech Republic

72

Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States & assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation Services, for the European Commission’s DG Internal Market and Services (DG MARKT), 2012.

73 Extras din: Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States & assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation Services, for the European Commission’s DG Internal Market and Services (DG MARKT), pp. 28, 2012.

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We may easily note that the architects have a high number of activities reserved for them and only a small portion of them are exclusive, as the largest part is covered by part-time activities with other professions. Table74 6 shows a detailed summary on the reserved activities per each category of tasks.

Type of reserved activity

Exclusive

Part-time

Category of tasks Land measurement 1 9 Surveying determination / delimitation 1 8 Feasibility studies 0 3 Planning and design 2 11 Application for / issue of building permit 1 9 Supervision and monitoring of construction activities 1 9 Technical control and certification 1 8 Urban planning and landscaping 2 11 Interior design 0 4 Total 9 72 Table 6: Detailed summary on the reserved activities per each category of tasks

Total of reserved activities 10 9 3 13 10 10 9 13 4 81

Therefore, for the planning and design tasks we note that there are a lot of part-time reserved activities (11), as well as for town planning and landscaping, these activities being carried out part-time mainly with engineers and town planners.

There is a nuanced picture in the various analyzed countries regarding the delimitation of the activities reserved for the architects. For example, the duty for design and planning and for the issue of the building permits is shared between the architects and the engineers in many of the EU Member States but there are countries where there are clear regulations on the type of buildings that may be authorized by an architect and by an engineer respectively. In addition, the supervision and monitoring of the construction activities is also shared between the architects and the engineers in most of the states but the exact functions of the two categories of professionals and the type of construction designs they can work on are described.

Among the EU Member States there are significant differences regarding the tasks that may be performed by the architects and if the internal market is being regulated through a reservation of activities, a reservation of the professional title or an open mechanism.

In the Czech Republic, for example, the architects’ exclusive reserved activities are part of the field of landscape architecture, as well as in the construction and town planning field. In exchange, a significant number of other activities are part-time and they are shared with the engineers: the space planning documentation, the design documentation, the review of the civil construction design documentation, as well as the building interior documentation.

The architects in Germany may carry out certain reserved activities and most of them are part-time activities shared with the engineers who are specialized in civil constructions: application for building

74

Extras din: Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States & assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation Services, for the European Commission’s DG Internal Market and Services (DG MARKT), pp. 28, 2012.

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permits, technical and control inspection, as well as expertise for public constructions and building permit for simple civil constructions.

In Italy most of the civil construction works are covered by the reserved part-time activities shared between the architects (and junior architects) and engineers (and junior engineers), but there are exclusive reserved activities for architects in specialized fields, such as designs for restoration of buildings in the cultural patrimony.

In Spain the architects carry out reserved activities both exclusively and part-time. The exclusive activities include project management and construction works for several types of public buildings (example: administrative, health, education, cultural buildings). But for the implementation of the construction designs the engineers have to become involved in tasks that are specific to their profession. The Spanish legislation is quite vague and complicated and the architect’s and engineer’s level of implication depends on the construction type.

The Spanish legislation states that – in addition to the architects’ input on construction designs, the skills and expertise of other professions (for example, engineer / technical engineer and technical architect) have to be put to use depending on the case, pursuant to their specializations and specific skills. However, there are no clear indications on the precise delimitation and the scope of the reserves in engineering. In addition, the architects share a part-time reserved activity with the inspectors doing land surveying, surveying delimitations and measurements, as well as with those evaluating the lands and buildings.

Although the architectural profession is a regulated profession, in Denmark, the Netherlands and Great Britain it does not have reserved activities.

The architect’s title is reserved and protected in Great Britain, where there are actually two reserved titles related to architecture: Registered Architect and Registered Architectural Technologist. But while the activities carried out by the holders of the titles are not reserved, there are no legal requirements on the use of the services provided by an architect holding a professional title.

In the countries mentioned above, an approach that is mostly self-regulatory applies for the regulation of the architectural profession, with focus on the promotion of high professional standards through the implication of the professional bodies (that provide training and may development codes of practice). In addition, the wide regulations also support the market regulation, such as the rules and standards associated to the construction rules, the health and security legislation and the regulations referring to the construction of various types of buildings.

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V. Conclusions The free movement and mutual recognition of the architect’s title is based on the fundamental principle of automatic recognition for all the qualification titles based on the coordination of the minimum training conditions. The minimum training conditions for the architectural profession are harmonized at European level and are part of the so-called sectoral professions category. All of the EU Member States recognize the qualification in architecture for all the nationals who meet the minimum training conditions.

There are significant differences between the EU Member States regarding the tasks that may be fulfilled by architects and if the internal market is being regulated through a reservation of activities, a reservation of the professional title or an open mechanism.

The architectural profession is being regulated in six of the eight EU Member States studied: Italy, Spain, the Czech Republic, Germany, Great Britain and Austria. But there is a particular case in Germany, where the architectural profession is being regulated in 14 lands, while in the other two it is not: the Hesse Land and the North Rhine-Westphalia Land. In these two lands the architect’s title is protected, but the profession is not being regulated.

In the Netherlands the architectural profession is not being regulated. The architect’s title is protected, but the architectural activities and services are not reserved for the holder of this title and the legislation is focused on the construction sites and buildings. No or very vague regulations apply to the professionals in the construction field. Any operator may carry out construction activities but the construction designs filed are analyzed in detail by the local authorities.

In Denmark the architectural profession is not being regulated, and this is why there is no competent authority in this field. In addition, no architect’s title is professionally protected in this country.

Regarding the practicing of the architectural profession, in most of the studied Member States the architectural activities are carried out by people holding the official qualification title as architects. There is a nuanced picture in the various analyzed countries regarding the delimitation of the activities reserved for the architects. Therefore, the responsibility for design and planning and for the issue of the building permits is shared between the architects and the engineers in many of the EU Member States but there are countries where there are clear regulations on the type of buildings that may be authorized by an architect and by an engineer respectively. In addition, the supervision and monitoring of the construction activities is also shared between the architects and the engineers in most of the states but the exact functions of the two categories of professionals and the type of construction designs they can work on are described.

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THE EUROPEAN UNION

THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU

The European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

Bibliography Act no. 18/2004 Coll., On the Recognition of Professional Qualification and Other Eligibility of Citizens of Member States of the European Union and Some Citizens of Other States and on the Amendment of Certain Acts (Act on Recognition of Professional Qualifications), which was amended by Act No. 189/2008 Coll, Check Republic.

Act no. 224/2003 Coll., Trade licensing act, 2 oct. 1991. Federal Assembly of the Czech and Slovak Federative Republic ACT no. 360/1992 Coll. of the 7th May 1992 on the Professional Practice of Authorized architects and on the Professional Practice of Certified Engineers and Technicians Active in Construction as amended by Act no. 164/1993 Coll., Act no. 275/1994 Coll.

Arenas Cabello, Francisco Julio. El ejercicio de las profesiones colegiadas en España: Organización colegial de la profesión de arquitecto técnico y aparejador. In: Ambito Jurídico, Rio Grande, VIII, n. 23, out 2005.

Bundesgesetz über Ziviltechniker (Ziviltechnikergesetz 1993 - ZTG) StF: BGBl. Nr. 156/1994 (NR: GP XVIII RV 498 AB 1492 S. 153. BR: 4745 AB 4752 S. 580.)

DECRETO 119/1973, de 1 de febrero, Ejercicio de la actividad de decorador por los Arquitectos Técnicos.

BOE de 3 de febrero de 1.971 Legislative Decree no. 206 of November 6th, 2007 – “Attuazione della direttiva 2005/36/EC relativa al riconoscimento delle qualifiche professionali, nonche' della direttiva 2006/100/EC che adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania”, Italy Presidential Decree no. 107 of June 10th, 2002, transposed into Act no. 173 of August 1st, 2002 on the "Urgent provisions for access to regulated professions" Directive 2005/36/EC of the European Parliament and of the Council din September 7th, 2005 on the recognition of professional qualifications, published in the EU Official Journal series L, no. 255 of September 30th, 2005.

Gesetz über die Feststellung der Gleichwertigkeit von Berufsqualifikationen; Berufsqualifikationsfeststellungsgesetz BQFG) http://www.gesetze-iminternet.de/bundesrecht/bqfg/gesamt.pdf.

Government Resolution no. 932 of September 1st, 2010 for the approval of the Methodologies for the application of the Act no. 184/2001 on the organization and the practicing of the architectural profession Law No. 1532 of December 21st, 2010 on the appointed building experts.

Act no. 172 of July 16th, 2010 for the amendment and completion of the Act no. 184/2001 on the organization and the practicing of the architectural profession Act no. 18/2004, the Czech Republic Act no. 184 of April 12th, 2001 on the organization and the practicing of the architectural profession Ley 12/1986, de 1 de abril, sobre regulación de la atribuciones profesionales de los Arquitectos e Ingenieros técnicos, «BOE» núm. , de 2 de abril de 1986, páginas 11573 a 11574 (2 págs.)

Federal Official Gazette I, pages 1501, 1057, 1523, 1442 , Germany

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THE EUROPEAN UNION

THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU

The European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

Navarro-Astor E.and Caven V. (2012) Architects in Spain: A profession under risk In: Smith, S.D (Ed) Procs 28th Annual ARCOM Conference, 3-5 September 2012, Edinburgh, UK, Association of Researchers in Construction Management, 577-587.

Orden de 12 de abril de 1993 que desarrolla el Real Decreto 1665/1991, de 25 de octubre, que regula el sistema de reconocimiento de los títulos de enseñanza superior de los Estados miembros de la CEE que exigen una formación mínima de tres años de duración, en lo que afecta a las profesiones de Ingeniero de Caminos, Canales y Puertos, Ingeniero Aeronáutico, Ingeniero de Telecomunicación, Ingenieros Técnicos de Obras Públicas, en Topografía, Aeronáuticos, de Telecomunicación y Arquitecto Técnico Orden ECI/3686/2004, Spain ORDEN ECI/3855/2007, de 27 de diciembre (BOE 29 de diciembre de 2007) ORDEN ECI/3856/2007, de 27 de diciembre (BOE 29 de diciembre de 2007) Order 18 of 13 January 2012 on the house inspection scheme.

Order No. 20 of 12.1.2011 on Disciplinary and Appeal to delegate building experts.

Presidenza del Consiglio dei Ministri, Dipartimento per l’Informazione e l’Editoria - Guida All’Utente, Direttiva 2005/36/EC relativa al riconoscimento delle qualifiche professionali Real Decreto 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directive 2005/36/EC, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directive 2006/100/EC, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-46320.

Real Decreto regulador de las facultades profesionales de los Decoradores. «BOE» núm. 105, de 3 de mayo de 1977, páginas 9527 a 9527 (1 pág.)

Rules for the organization and functioning of the Romanian Order of Architects, www.oar.ro Romulus BENA, Prezentarea SOLVIT at the IMI PQ NET Romania System Promotion Conference, September 20th, 2012 Neptun.

Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States & assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation Services, for the European Commission’s DG Internal Market and Services (DG MARKT), 2012 The Architectural Profession in Europe - A Sector Study Commissioned by the Architects’ Council of Europe, 18 December 2008 The Architectural Profession in Europe 2012 - A Sector Study Commissioned by the Architects’ Council of Europe, December 2012, http://oar-iasi.ro/wpcontent/uploads/2013/03/Sector_Study_2012_Final_EN140213.pdf The new Recognition Act, Germany Tiganas Ș. , Pe marginea celui de-al treilea studiu sectorial al Consiliului Arhitectilor din Europa, Revista Zeppelin, nr. 111, February 2012, http://www.e-zeppelin.ro/revista.php?id=239.

USER GUIDE, Directive 2005/36/EC, Everything you need to know about the recognition of professional qualifications, 66 Questions, 66 Answers.

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