Baker confectioner pastry maker

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

THE EUROPEAN SOCIAL FUND The Sectoral Operational Program 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

ETS-ANC: Prof.univ.dr.ing. Sirbu Alexandrina Date: June 29th, 2013

CERTIFICATION AND RECOGNITION GUIDELINES FOR BAKER/ CONFECTIONER/ PASTRY MAKER

Author: Prof.univ.dr.eng. Sirbu Alexandrina 2013

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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

Table of Contents Introduction

I.

2

Regulation status for the professions of baker, pastry maker and confectioner in Romania and in other Member States of the European Union and of the

4

European Economic Area

II.

Skills validation / certification procedures for the bakers - pastry makers - confectioners in Romania and in other Member States of the European Union where the professions are being regulated

III.

The recognition processes for the qualifications achieved in other EU Member States

IV.

18

38

The exercising of the baker, pastry maker and confectioner professions in the European Union

48

Conclusions

52

Selective Bibliography

54

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Introduction The EU citizens have the right to free movement of people within the European Economic Area for work, and the access to exercise certain professions within the internal market is regulated.

In the European Union and in the European Economic Area certain regulations apply to the recognition of the professional qualifications for the exercising of the regulated professions for indefinite or definite terms, for the provision of services, for the posting of works, etc.1 Obviously, the access of a national to the labour market depends on the type of the profession in relation to the particularities of the national legislation.

Pursuant to the specific objectives of the project “The Network of Competent Authorities for Professional Qualifications in Romania� (IMI PQ NET)2, under which this Certification and Recognition Guidelines for the professions / occupations of baker, pastry maker and/or confectioner has been drawn up. The goal of these Guidelines is as follows: 1

The IMI Regulation (EU) no. 1024/2012, the Directive regarding the professional qualifications 2005/36/EC, Directive 2006/123/EC regarding the services, Decision 2009/739/EC regarding the administrative cooperation through the IMI for the Directive regarding the services, Directive 96/71/EC regarding the posting of workers, Recommendation 2001/893/EC regarding SOLVIT (http://ec.europa.eu/internal_market/iminet/important_documents_ro.html) 2 http://www.imipqnet.ro/ro/despre-proiect/, accessed in June 2013

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

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

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The improvement of the transfer of information among the social partners interested in the qualifications in the food industry

and

the

consolidation

of

the

multi-sectoral

partnerships created through the IMI PQ NET project; 

The support from the competent authorities in Romania, which might be interested in the regulation of these professions in Romania through information in relation to the practices used in other states of the European Union / European Economic Area;



The information of people who have achieved qualifications in the food industry (industry and/or restoration) in Romania and who want to practice that profession / occupation in any of the European Member States shown in the Guidelines.

The selection of the baker, pastry maker and/or confectioner

jobs as a study object for the elaboration of these Guidelines is justified by the mobility of the Romanian workers on the internal market in the specific economic sectors, as well as by the profession type.

The Guidelines have a standard structure and are done according to the Methodology for the elaboration of certification and recognition guidelines per professions, which is established as part of

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the project mentioned above. For the application of the guidelines regarding the professions of baker – pastry maker – confectioner research has been conducted through a documentary study (European legislation, national regulations, occupations, etc.) for the professions in question in each individual country, information has been collected and processed from the economic sectors3 in Romania, and the obtained results have been put to value through a study visit to Germany.

The starting point was the comparative analysis conducted for Romania and other eight Member States of the European Union (Austria, the Czech Republic, Denmark, Germany, Italy, Great Britain, the Netherlands and Spain)4, and also by analyzing the regulation status for the professions in the other countries of the European Union, of the European Economic Area and of the Swiss Confederation. In this context, special attention has been paid during the elaboration of the work to the certification and recognition of the qualifications in the following countries: Romania, Austria, the Czech Republic and Germany.

3

The food industry, restoration / hospitality industry Established under the project “The Network of Competent Authorities for Professional Qualifications in Romania” – IMI PQ NET 4

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I. Regulation status for the professions of baker, pastry maker and confectioner in Romania and in other Member States of the European Union and of the European Economic Area For an economic activity to be carried out on the internal market under the conditions of the free movement of the European workers, a national should be familiar with the conditions applicable to the access for exercising a profession in a host country provided that he/she has obtained the professional qualification in a different (origin) member state.

The general information regarding the profession type – regulated or non-regulated – the national legislation applicable for the assurance of the access to the labour market, the conditions applicable to the exercising of the profession in the host country etc. could be obtained from the unique / national points of contact or by directly contacting the competent authorities in the host country. The list of the contact points is available on the webpage dedicated to the professional qualifications in Europe at the following address: http://ec.europa.eu/internal_market/qualifications/contactpoints/index.htm .

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We shall refer below to three jobs that are part of the same occupational area in different countries i.e.: baker, pastry maker and confectioner. The bakers, the pastry makers and the confectioners prepare (produce) various types of bread and other bakery products, flour products (including pastry making), products made of / containing chocolate, cakes and other confectionery products.

In Romania, this group of occupations includes: bakers, pastry makers, operators making frozen pastry and bakery products, confectioners and also people making semi-finished products and dishes.5 The same category of workers in other countries include: bakers, pastry makers, baker-pastry makers, confectioners, bakerconfectioners or pastry maker-confectioners.

Table 1 shows the regulation status for the professions corresponding to the baker, pastry maker and confectioner jobs in other Member States of the European Union or of the European Economic Area, together with the following data:  the name of the professions / occupations of baker, pastry maker and confectioner (in the country of origin / database in the information system of the internal market and in Romanian), 5

According to the Classification of Occupations in Romania (COR) (http://www.mmuncii.ro/nou/index.php/ro/munca/c-o-r, last accessed on June 4th, 2013)

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 the professional competent authorities corresponding to each Member State where the professions mentioned above are being regulated,  the recognition regime and the Qualification Level pursuant to Directive 2005/36/EC regarding the recognition of the professional qualifications.

In Romania there is no regulatory act applicable to these jobs.

Moreover, Law no. 200/ 2004 regarding the recognition of the diplomas and of the professional qualifications for the professions regulated in Romania lays down that the activities carried out by self-employed working in the manufacturing industry (professing and craft industries), including the food industry, are not subject to this law. In conclusion, the baker/ pastry maker/ confectioner professions are not regulated in Romania.

As we can see in Table 1, the baker, pastry maker and/or confectioner jobs are part of the category of regulated professions in the following countries: Austria, Belgium, the Czech Republic, France, Germany, Iceland, Liechtenstein, Slovakia and Hungary.

In order to exercise a regulated profession in any of these countries one should have his/her skills validated or certified for the professional recognition of the qualification and for his/her access to

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the labour market. The recognition of the professional qualifications obtained in EU Member States other than the host country complies with the provisions laid down in Directive 2005/36 regarding the recognition of the professional qualifications.

In countries such as Denmark, Italy, Great Britain, the Netherlands and Spain the baker – pastry maker – confectioner jobs are not regulated.

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Table 1. Regulation status for the baker/ pastry maker/ confectioner professions / jobs in other Member States of the European Union / the European Economic Area6 Name of profession

Member State

Competent Authority

Recognition

Bäcker / Baker

Austria

The Federal Ministry for Economics, Family and Youth Bundesministerium für Wirtschaft, Familie und Jugend 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

acc. to Directive 2005/36/EC (national legislation) The recognition of the professional experience / Annex IV – automatic recognition

6

Qualification Level acc. to Directive 2005/36/EC Not defined

Done based on the processed data in the internal market information system (http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm)

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The European Union

Konditoren (Zuckerbäcke r) einschließlic h der Lebzelter und der Kanditen-, Gefrorenesund Schokoladew arenerzeuger (verbundenes Handwerk)/ Confectioner

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Austria

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The Federal Ministry for Economics, Family and Youth Bundesministerium für Wirtschaft, Familie und Jugend 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

The recognition of the professional experience / Annex IV automatic recognition

Not defined

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Boulangerpatissier / Brood- en banketbakker / Baker Confectioner

Belgium

The FPS Economy, SMEs, Self-Employed and Energy FOD Economie, Middenstand en Energie, Bestuur voor het KMO-Beleid, Afdeling reglementering K.M.O. WTC III, Simon Bolivarlaan 30 26e verdieping 1000 Brussel +32 2 277 70 97/ Fax: +32 2 277 53 65 edwin.wolfs@economie.fgov.be

Pekařství, cukrářství/ Baker / Pastry maker / Baker and flour product making worker

The Czech Republic

The Ministry of Industry and Trade Ministerstvo průmyslu a obchodu Na Františku 32, Staré Město 110 15 Prague Phone: +420 224 851 111 Fax: +420 224 811 089 Email: posta@mpo.cz URL: www.mpo.cz

The recognition of the professional experience / Annex IV automatic recognition The recognition of the professional experience / Annex IV automatic recognition

Not defined

ATTCertificate of competency (acc. to art. 11a)

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Boulangerpatissier/ Baker-pastry makerconfectioner

France

Bäcker / Baker

Germany

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The list of the competent authorities is available on the website at the following address: 212.43.237.181/cferm/annuaires/portail/index.html 1 Source: Regulated professions database, France (http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=regprof&id_regprof=143 07&tab=ca), May 2013

The Chambers of Handicrafts in the German States Handwerkskammern in Deutschland (addresses available at: http://ec.europa.eu/internal_market/qualifications/regprof/ind ex.cfm?action=view_document&id_document=172

The recognition of the professional experience / Annex IV automatic recognition The recognition of the professional experience / Annex IV automatic recognition

SEC – Certificate confirming the completion of a secondary study cycle (acc. to art. 11b) DSE - Postsecondary education diploma, incl.

Annex II (ex 92/51, Annex C, D), art. 11c

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Konditoren/ Confectioner -Pastry maker

Germany

The Chambers of Handicrafts in the German States Handwerkskammern in Deutschland (addresses available at: http://ec.europa.eu/internal_market/qualifications/regprof/ind ex.cfm?action=view_document&id_document=172

Bakaraiรฐn / Baking / Baker

Iceland

The Ministry of Industry Ministries of Industry Arnarhvรกli 150 Reykjavik Email: postur@idn.stjr.is URL: www.idnadarraduneyti.is

The recognition of the professional experience / Annex IV automatic recognition The recognition of the professional experience / Annex IV automatic recognition

DSE - Postsecondary education diploma, incl.

Annex II (ex 92/51, Annex C, D), art. 11c Not defined

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B채ckerKonditor / Baker and pastry cook / Baker and pastry maker

Liechtenstein

KonditorConfiseur / Confectioner and pastry cook / Pastry maker -confectioner

Liechtenstein

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The Office of National Economy Amt f체r Volkswirtschaft Gerberweg 5 9490 Vaduz Phone: +423 236 68 71 Fax: +423 236 68 89 Email: info@avw.llv.li URL: www.llv.li/amstsstellen/llv-avw-home.htm The Office of National Economy Amt f체r Volkswirtschaft Gerberweg 5 9490 Vaduz Phone: +423 236 68 71 Fax: +423 236 68 89 Email: info@avw.llv.li URL: www.llv.li/amstsstellen/llv-avw-home.htm

The recognition of the professional experience / Annex IV automatic recognition The recognition of the professional experience / Annex IV automatic recognition

Not defined

Not defined

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The European Union

Výroba pekárenských a cukrárenskýc h výrobkov / Baker- pastry maker

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

Slovakia

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The Ministry of Education of the Slovak Republic The Ministry of Education, Centre for Recognition of Evidence of Education Ministerstvo školstva SR, Stredisko na uznávanie dokladov o vzdelaní Stromová 1 813 30 Bratislava 1 Phone: +421 2 654 26521 Fax: +421 2 654 26521 Email: hrabinska@uips.sk URL: www.minedu.sk

The recognition of the professional experience / Annex IV automatic recognition

Not defined

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The European Union

Cukrász / Confectioner / Confectioner

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Hungary

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The Educational Authority, Hungarian Equivalence and Information Centre Oktatási Hivatal, Magyar Ekvivalencia és, Információs Központ Szalay utca 10-14.

1055 Budapest Phone: +36 1 374 2201 Fax: +36 1 374 2492 Email: recognition@oh.gov.hu URL: www.professionalrecognition.gov.hu

The recognition of the professional experience / Annex IV automatic recognition

Not defined

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

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Regarding the legal framework setting out the conditions for the recognition of the qualification and for the exercising of the regulated professions, the national regulations in the Member States have been harmonized with the provisions laid down in Directive 2005/36/EC

regarding

the

recognition

of

the

professional

qualifications, by the proper amending and completion of the national legislative documents. Table 2 shows the general information on the legislative framework in the Member States of the European Union or of the European Economic Area, where the proper professions for the exercising of the baker/ pastry maker/ confectioner jobs are being regulated.

Table 2. The legislative framework regarding the organization and the exercising of the baker/ pastry maker/ confectioner jobs in the European states where the respective professions are being regulated Member State Specific National Legislation Austria Trade Act 1994 Belgium The royal decree dated January 14th, 1993 for the establishment of the conditions applicable to the exercising of the professional activity of baker-confectioner in SMEs, in trade and crafts.

The Czech Law no. 455/1991 for the issue of licenses Republic and trade (Sections 6, 7, 8, 21, and 22), with current amendments France 1. Law no. 96-603 dated July 5th, 1996

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Member State

Germany Iceland

Liechtenstein Hungary

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Specific National Legislation regarding the development and promotion of trade and crafts 2. Decree no. 98-246 dated April 2nd, 1998 regarding the professional qualifications necessary for the carrying out of the activities laid down in Article 16 in Law no. 96-603 dated July 5th, 1996 regarding the development and promotion of trade and crafts.

Law no. 30 Annex A regarding the Crafts Code The Industrial Act 42/ 1978 and the Regulation no. 940/1999 regarding the regulated industrial professions not given Decree no. 5/1997. IKIM regarding the qualifications necessary for certain industrial, commercial and tourism activities

As in several EU Member States the professions for the baker – pastry maker – confectioner jobs are not being regulated, the actual mobility of workers is difficult to be made in real time. Most of the times, the labour demand in a given Member State is being quantified.

Regarding certain employers’ associations in the field, the number of workers in the sector is estimated, without clear records on their citizenship or country of origin. However, the database in

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the internal market information system includes statistics7 regarding the geographical mobility of the workers for the exercising of the regulated professions in the field.

Pursuant to the statistics in the Internal Market Information System (IMI), the most attractive host countries in the European Union (i.e. they have received the highest number of residency applications) for the baker - pastry maker jobs have been Belgium (48%), Germany (34%) and France (6%). If we take into account the nationals’ countries of origin8, the first positions are occupied by France (29%), Italy (18%) and the Netherlands (13%) regarding the number of applications for the recognition of the qualification in order to settle down in that country. The craftsmen have also asked for the recognition of their qualification for the exercising of the baker and/or pastry maker regulated professions in countries such as: Poland (10%), Bulgaria (9%), Germany (6%), Belgium (4%), Greece (3%), Romania (3%) etc.9

7

Regarding the number of applications / decisions made for the recognition of the professional qualifications 8 The place where they obtained the qualification 9

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=profession&id_pr ofession=12142&tab=origin1 , accessed in May 2013

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II. Skills validation / certification procedures for the bakers - pastry makers - confectioners in Romania and in other Member States of the European Union where the professions are being regulated

The professional skill certification process is performed in compliance with certain basic principles such as: 

the skill certification is an optional process, not a mandatory one. There are institutional policies asking for the certification of its members’ skills as a requirement for them to be part of the organization;



the entire professional skill is being certified;



the assessment of the professional skills may be done by the same organization that has certified the skills or by another organization;



The professional skill certification is a process separated from the professional training but the training centres may facilitate the professional skill certification process through

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partnerships and agreements with the skill certification organizations.

For the practical professional skill certification, procedures establishing the concrete ways for the certification process to be carried out are being applied so that the provided standard requirements are being met (in acts, legislation etc.).

As far as the exercising of the regulated professions is concerned, the skill certification and the baker / pastry maker/ confectioner qualification recognition are mandatory processes in Austria, the Czech Republic and Germany. Whereas the bakers, pastry makers and confectioners have professional duties with significant social and economic effects as far as food safety, public health and consumer protection are concerned, most of the European countries ask the workers in the relevant fields to prove their professional qualification, which means that the nationals have to have qualifications certified by a Certificate of competency, a qualification title and/or professional experience.

As seen in Table 1, the levels of qualification and the description of the qualifications vary significantly among the countries. In order to describe the results of learning in terms of knowledge, skills and competences, a multilingual classification is

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now being elaborated throughout the European Union for European skills,

qualifications

Skills/Competences,

and

occupations

qualifications

and

(ESCO

-

European

Occupations),

which

organizes relevant concepts on the European labour market and in the education / training fields. The starting point for the ESCO development is the EURES classification, which is now being used on the European mobility portal for labour employment - EURES10.

The ESCO classification of European skills, qualifications and occupations shall provide a joint terminology to be used for a better implementation of the currently used tools, i.e. the European Qualifications Framework (CEC/ EQF), the national qualification frameworks (CNC), as well as the European systems for gathering and transferring of credits in the higher education (ECTS) and the occupational education and training (ECVET). Moreover, the ESCO classification wants to support the new tools for the validation of the non-formal and informal education, which are not being introduced throughout Europe. Regarding the identification and description of the skills, qualifications and occupations for the bakers, pastry makers or confectioners in Europe, they are part of the ESCO

10

EURES provides information on the and education offers in Europe

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classification under the category of “Manufacturing of food, beverages and tobacco” (ESCO).

Figure 1 shows the relation between the labour market and the training offer.

Figure 1. Relation between the labour market and the training offer

1. The skill formation, validation and certification for the certification of the baker / pastry maker / confectioner qualifications in Romania In Romania, as well as in other Member States of the European Union where certain professions are not being regulated, the

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professional skill validation or certification and the certification of the qualification and professional experience may be requested.

The baker – pastry maker - confectioner qualifications in Romania are consistent with Levels 1 and/or 2 according to the National Qualification Framework (CNC, 2005) (see table 3).

Table 3. Qualification Level consistent with the baker/ pastry maker/ confectioner qualifications in Romania11 No. Qualification Name Qualification Level Baker 1 1.

Pastry maker 1 2.

Confectioner 1 3.

Pretzel maker 1 4.

Milling – bakery worker 1 5.

Baker– pastry maker - flour product 2 6. maker Confectioner - pastry maker 2 7.

The Qualification Level 3 (according to the National Qualification Framework) is consistent with the qualification as a bakery technician – flour products manufacturing, which is obtained

11

Source: http://www.mmuncii.ro/pub/imagemanager/images/file/NCalificari/NomCalificari_ Tabel5.pdf , accessed in May 2013

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after graduating from the specialized high school (the technological section).

The peoples’ training in view of obtaining the qualifications of baker – pastry maker – confectioner consists in a training program in the relevant field, the duration and the way of occupational training and the contents of the training courses being adapted to the qualification level. (see table 4).

Table 4. Access conditions and training program for the baker/ pastry maker/ confectioner qualifications in Romania Qualification General Access Training Name Conditions Program Baker Studies of at least 8 Class training 120 grades, minimum hours Pastry maker specific skills and Hand-on training competences in the 240 hours Confectioner field, health certificate Overall training Pretzel maker duration = 360 hours Baker– pastry Studies of at least 10 Class training 240 maker – flour grades, minimum hours product maker specific skills and Hand-on training competences in the 480 hours Confectioner field, health certificate Overall training pastry maker duration = 720 hours

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There occupational standards corresponding to the baker – pastry maker – confectioner professional qualifications, standards that are classified into fields and subfields, as shown in Table 5.

Table 5. Occupational standards for the baker/ pastry maker/ confectioner generic qualifications in Romania Fields Subfields / qualification Food, beverage and 2. Confections tobacco industry preparation operator 5. Baker 18. Frozen pastry and bakery products operator Occupational 9. Flour products operator Standards 22. Pastry maker Tourism, hotels, 5. Confectioner - pastry restaurants maker 32. Pizza maker Usually for these jobs, the training, assessment and certification of the professional skills are done outside the national education system, the professional qualification being the result: a) of the continuous training organized by enterprises / training centres within the ministries, before December 1989 – qualification certificates used to be issued;

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b) of the graduation of training programs organized by the employment and social protection departments / the employment agencies in Bucharest or counties, between 1990 – December 2003; c) of the graduation of training programs organized by authorized training service providers, starting with January 2004 – qualification / graduation certificates are being issued; d) of the assessment of the professional skills achieved in ways other than the formal ones, a process organized by skill assessment centres – professional skill certificates are being issued.

The people who may ask for the assessment of the professional qualification for the certification / confirmation of the baker – pastry maker – confectioner skills in Romania are the Romanian citizens or the citizens in other Member States of the European Union or of the European Economic Area, who:  have training and professional experience achieved in Romania outside the national education system,  hold a foreign / abroad recognized pre-university education certificate / study documents issued by a pre-university education unit operating in or recognized by Romania – for non-regulated professions;

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 want to carry out professional activities in the economic sectors in the field, as self-employed or as employees, in Romania or in a EU Member State.

The legal framework for the certification of the professional qualifications regarding the said occupational field includes the following acts: 1.

Order no. 51/2007 issued by the Minister of Labour, Social Solidarity and Family for the approval of the Procedure for qualification attestation – training and professional experience – achieved in Romania, outside the national education system, by the Romanian citizens who want to carry out their activity as self-employed or as employees in a EU Member State;

2.

Order no. 701/2003 issued by the Minister of Labour, Social Solidarity and Family for the appointment of the unit that automatically

recognizes

the

documents

proving

the

qualification achieved abroad, outside the education system, by the Romanian citizens or by citizens of the EU Member State or of the states in the European Economic Area; 3.

Order no. 3199 / 2012 issued by the Minister of Education, Research, Youth and Sport for the approval of the Methodology regarding the issue – for the professions not

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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

regulated in Romania – of the certificate of study conformity with the provisions laid down in Directive 2005/36/EC of the European Parliament and of the Council, dated September 7th, 2005

regarding

the

recognition

of

the

professional

qualifications; 4.

Order no. 3075 / 2008 issued by the Minister of Education, Research and Youth regarding the approval of the procedure for the professional recognition of the professions not regulated in Romania.

The competent authority for the attestation / recognition of the

baker/ pastry maker/ confectioner professional qualifications achieved outside the national education system in Romania is the Ministry of Labour, Family, Social Protection and Elderly (the former Ministry of Labour, Social Solidarity and Family). The procedure for the attestation of the professional qualification achieved in Romania, outside the national education system, by the Romanian citizens who want to carry out their activity as selfemployed or as employees in an EU Member State consists in the same stages as the certification of the regulated professions. The file compiled by the applicants is submitted at the county / Bucharest

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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

employment divisions and the documentation shall include the following: a) the standard application requesting the issue of the certificate; b) the ID Card (copy and original); c) the document confirming the achieved qualification (the qualification / graduation certificate, the certificate issued for workers promoted at their workplace, the professional skills certificate, etc.) (copy and original); d) the resume, e) at least one letter of recommendation from the employer / people who are relevant for the obtaining of the requested attestation.

The applications are usually solved within 30 days since their registration date. If the application is rejected, the decision not to issue the certificate is communicated and justified in writing.

The certificates are issued by the county or Bucharest employment divisions. The certificates are special documents bearing unique series and numbers.

The Ministry of Labour, Family, Social Protection and Elderly – the Employment Division (the former Ministry of Labour, Social Solidarity and Family) is the competent authority for the issue of the certificates for automatic recognition of the professional qualification

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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

achieved abroad, outside the education system, by the Romanian citizens or by the citizens of the EU Member States / the European Economic Area12, who want to carry out economic activities in Romania. The procedure for the issue of this certificate is similar – as an algorithm – to the procedure for the regulated profession certification. The aplicant has to submit a file with the Registration Office of the Ministry of Labour, Family, Social Protection and Elderly and the said file has to include the following documents: a) an application in Romanian (including the applicant’s contact details); b) a copy of his/her ID Card; c) a copy of his/her birth certificate, translated into Romanian and legalized; d) the document confirming the qualification achieved abroad (in original and one copy translated into Romanian and legalized); e) the proof of the recognition of the applicant’s qualification document, issued by the competent authority in a Member State of

12

Order no. 701/2003 issued by the Minister of Labour, Social Solidarity and Family for the appointment of the unit that should automatically recognize the documents proving the qualification achieved abroad, outside the education system,

by Romanian citizens or by citizens of other Member States in the European Union and of the states belonging to the European Economic Area

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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

the European Union or of the European Economic Area (in original and one copy translated into Romanian and legalized); The said application has to be solved within 30 days since the date of its registration if the file is complete and if the analysis of the file indicates no irregularities regarding the filed documents. The rejection of the application and the reasons for such a decision shall be communicated in writing within the said term and the decision not to issue the certificate may be legally challenged at the relevant court.

The qualification recognition certificate issued by the Ministry Division shall be recorded in a register. The qualification recognition certificates shall be issued for the professions / occupations in the following categories of activity where a baker / pastry maker / confectioner may be allowed to work:  bread baking, fresh pastry baking;  baking of biscuits, biscotti and other similar products;  making cacao, chocolate and sugary products.

The citizens of other Member States of the European Union or of the European Economic Area, who have studied in Romania, may ask for the issue of a certificate of conformity for them to exercise a

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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

profession that is not regulated in Romania, but that is regulated in another Member State.

The National Centre for Recognition and Equivalence of Diplomas (CNRED) is the competent authority in Romania with duties in the recognition of diplomas and certificates (in the education system) for occupational purposes for the applicants to have access to the labour market for the nonregulated professions.

Therefore,

the

National

Centre

for

Recognition

and

Equivalence of Diplomas (CNRED) certifies the studies graduated in the formal education system and the professional rights conferred to the diploma holders in view of the issue of a study conformity certificate13 for the Romanian citizens and for the citizens of the Member States of the European Union or of the European Economic Area, who have studied in Romania and who want to exercise a profession that is not regulated in Romania, but that is regulated in 13

Order no. 3199 / 2012 issued by the Ministry of Education, Research, Youth and Sport for the approval of the Methodology regarding the issue – for the professions that are not regulated in Romania – of the certificate of conformity of the studies with the provisions laid down in Directive 2005/36/EC of the European Parliament and of the Council dated September 7th, 2005 regarding the recognition of the professional qualifications

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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

other European states. The following documents shall be filed for the issue of the certificate of conformity:  the application form – filled out;  a legalized copy of the study document for which the issue of the certificate of conformity is being requested (diploma, certificate / Certificate of competency etc.);  the study document authenticity certificate issued by the issuing education unit;  a legalized copy of the appendix to the study documents (official transcript);  a copy of the previous diploma or official transcript if the certificate of conformity is to be issued for the complementary, apprenticeship or vocational school education certificate;  a copy of the personal identification documents (if applicable);  a copy of the payment receipt (RON 20 / for the file assessment).

The National Centre for Recognition and Equivalence of Diplomas (CNRED) is also the competent authority for the professional recognition of the professions not regulated in

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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

Romania14, which apply to the Romanian citizens who have studied abroad and who have achieved their professional experience in the EU Member States through the accredited education system. The documents needed for the recognition of the education are as follows: the standard application; a copy of the study document to be recognized (including legalized translations); a legalized copy of the school documents referring to the studies done before leaving the country; the recognition application issued by the employer; a document confirming the professional experience; a copy / legalized translation of the personal identification documents (if applicable).

The analysis of the professional recognition file and of the school documents is meant to identify whether or not the studies done by the professionally mobile applicant are compatible with the professional qualifications in Romania, according to the criteria laid down in the procedure14 (if they are not, compensations shall apply or the application shall be rejected). The recognition procedure takes place within 15 days since the date when the complete file is submitted.

14

The Order no. 3075 / 2008 issued by the Ministry of Education, Research and Youth regarding the approval of the procedure for professional recognition of the professions not regulated in Romania

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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

2. The professional skill certification or validation for the baker / pastry maker / confectioner qualifications in other EU Member States where the professions are being regulated (Austria, the Czech Republic, Germany) The professional skill certification is necessary for the recognition of the professional baker – pastry maker – confectioner professional qualifications in the EU countries where these professions are being regulated, i.e.: Austria, the Czech Republic and Germany. The professional skill validation / certification procedure for the professions regulated in the EU Member States consists in the following stages: 1. A person (commission) has to be appointed on behalf of the competent authority with duties in the validation / certification of the applicants’ skills; 2. The aplicant has to write an application / letter and to submit it with the competent authority together with a file. The file has to include the documents necessary for the professional skills validation or certification; the type, contents and form of the documents has to comply with the requirements of the competent authority in that country;

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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

3. Tehj appointed people (commission) have / has to analyze the filed documents (they have to verify the file, to ask for completion (if applicable), to assess the recorded evidence, etc.); 4. The attestation / validation decision has to be made based on the existing competency evidence; 5. The certificate of competency – if the certification is approved – has to be issued and recorded in a register.

6. If the application is rejected, an objection may be filed; 7. The objection is analyzed and the final result is communicated; 8. Compensations or specific training requirements shall be applied for the final decision to be issued for the professional skills validation / certification.

Figure 2 shows the logical diagram consistent with the standard professional skills validation and certification procedure for the qualification recognition for the regulated professions.

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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

Figure 2. Brief representation of the validation – certification process, applicable to the baker / pastry maker / confectioner regulated professions The competent authority appointed for the professional skill certification in the host country shall compare the training achieved by the aplicant (in his/her country of origin or in another EU Member State) with the training required in the host country. The education results achieved shall be analyzed by comparing them to the necessary professional skills (see also figure 1). If significant differences are identified, the recognition decision may be conditioned by additional requirements such as: the aplicant has to

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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

prove his/her professional experience (at least 2-3 years over the last 10 years), he/she has to do a professional practice module, he/she has to take the practical test / skills test.

The qualification level the baker – pastry maker – confectioner professional skills is associated with in the Member States where the respective professions are being regulated is usually lower than Level 3 in the Qualification European Framework, which means that the activity carried out by bakers / pastry makers / confectioners involves the application of knowledge and professional skills and is characterized either by routine and predictable duties, or by duties requiring responsibility and team work. The exception to this rule includes the regulated professions in Germany, where the bakers or the confectioners – pastry makers with the achieved professional experience may also achieve assimilated skills consistent with the Qualification Level 3.

Pursuant to the provisions laid down in Directive 2005/36/EC of the European Parliament and of the Council dated September 7th, 2005 regarding the recognition of the professional qualifications, the requirements applicable to the professional experience recognition for the activities in the following categories (Group 20B – Food Industries (except for the beverage industry) are being established:

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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

 making bakery products, including crackers and biscuits,  making cacao, chocolate and sugar products,  making various food products.

For the recognition of the professional experience (achieved prior to the application date) in the EU Member States where the respective professions are being regulated, the activity carried out by the bakers / pastry makers / confectioners must have occurred: (a) either over a consecutive 5-year period, self-employed over the last 10 years (prior to the file submission date); (b) or over a consecutive 3-year period, self-employed, if the aplicant proves to having attended a previous training module of at least three years (certified / attested); (c) or over a consecutive 4-year period, self-employed, if the aplicant proves to having attended a previous training module of at least two years (proven by a recognized certificate); (d) or over a consecutive 3-year period, self-employed, if the aplicant proves to having exercised the activity as an employee for at least 5 years over the last 10 years (prior to the file submission date); (e) or over a consecutive 5-year period, as an employee, if the aplicant proves to having attended a previous training module of at least three years (proven by a recognized certificate);

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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

(f) or over a consecutive 6-year period, as an employee, if the aplicant proves to having attended a previous training module of at least two years (proven by a recognized certificate).

III. The recognition processes for the qualifications achieved in other EU Member States

The recognition process for the professional qualifications is mandatory for a national to exercise his/her profession as a baker – pastry maker – confectioner in the EU Member States where the said professions are being regulated. The recognition processes for the baker – pastry maker – confectioner professional qualifications in Austria, the Czech Republic and Germany follow a common procedure which is briefly shown in Figure 3.

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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

Figure 3. The brief representation of the common procedure for the recognition of the baker / pastry maker / confectioner professional qualifications for the exercising of the regulated professions in Austria, the Czech Republic and Germany As shown in Figure 3 too, the sub-process map (with reference to the recognition process for the professional qualifications) is the

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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

same for the analyzed countries. The differences between the Member States are as follows:  The access conditions – they are established according to the recognition / certification / attestation regulatory documents in the host countries, the national legislations being harmonized with the provisions laid down in Directive 2005/36/EC regarding the recognition of the professional qualifications; moreover, the legal national framework regarding the profession exercising conditions in the national economy sector, the access to the labour market in that country etc. shall apply;  The documents necessary for the preparation of the application file (there may be particularities both in the form and in the contents);  The actual assessment (the analysis of the documents and the equivalence of the competencies) in relation to the applicable national laws.

Chapter I includes references to the competent authorities (see Table 1) and the national points of contact in Austria, the Czech Republic and Germany, the migrants may turn to both for information purposes and for submitting their documentation. If the

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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

qualification recognition application file is to be forwarded (electronically / online or by mail) to the national / unique point of contact, its representatives shall send it as soon as possible to the competent professional authority in charge with the processing of the application (the verification and analysis of the file contents) so that the decision on the recognition of the qualification could be made.

Both in Austria, and in the Czech Republic and in Germany, the recognition of the baker / pastry maker / confectioner professional qualifications is subject to the system for the recognition of the qualifications achieved through professional experience (see also Chapter II).

Certain fees are sometimes charged for the recognition procedure.

The recognition application is usually to be solved within three months since the submission of the complete file. The competent authorities in the (host) Member States has to justify their decisions (regarding the recognition of the professional qualifications) which are not positive. Moreover, a rejection or delayed decision has to be subject to the appeals laid down in the domestic laws.

On the other hand, a more easy way to solve the issues referring to the recognition of the professional qualifications or the skill

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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

certification is the SOLVIT15 network, through which the EU Member States cooperate in order to solve – using turning to the legal procedures – the problems arising due to the inappropriate application of the legislation regarding the internal market by the public authorities. SOLVIT deals with the cross-border problems between an enterprise or a citizen (on one hand) and a public authority (on the other hand) where there might be a case when the community legislation was applied incorrectly.

The SOLVIT national centres in the EU Member States may be accessed

on

the

website

at

the

address:

http://ec.europa.eu/solvit/site/centres/index_en.htm.

You may find below some of the particularities pertaining to the baker / pastry maker / confectioner qualification recognition procedures in Austria, the Czech Republic and Germany.

1. The exercising of the baker and confectioner occupations in Austria is based on the Trade Act in 1994. The file compiled for the qualification recognition in view of exercising the regulated baker and confectioner professions in Austria has to include the confirmations issued by the authority in the country of origin regarding the applicant's documents. All of the justifying documents 15

http://ec.europa.eu/solvit/site

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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

have to be drawn up in German or they have to be translated and legalized.

In Austria the system for automatic recognition of the qualifications achieved through professional experience is being used according to Directive 2005/36/EC regarding the recognition of the professional qualifications (see also Chapter II). Moreover, there are several training programs attended in Germany or Hungary, which have been declared as equivalent in Austria, based on special training agreements.

The recognition process lasts between 2 and 6 months. Fees for the recognition procedure are being charged.

It is deemed that the positive decision for the qualification recognition through the procedure mentioned above replaces the Austrian diploma / qualification certificate allowing the access to the labour market by granting the right to exercise the relevant profession.

2. In the Czech Republic, the recognition of the baker and pastry maker / flour product maker qualifications involves education and training requirements pursuant to the national legislation, i.e.: Act no. 455/1991 Coll.; Trade Licensing Act, with current amendments; Act no. 179/2006 Coll. regarding the recognition of the

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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

results of further education. For this purpose, the access conditions for the qualification recognition are focused on the fulfilment of any of the following requirements16: 1) the aplicant has to hold a secondary education graduation document, with an apprenticeship certificate; 2) the aplicant has to hold a secondary education completion document, followed by an examination / training program; 3) the aplicant has to hold a higher occupational education completion document; 4) the recognition of the professional qualifications, issued under the law by a competent authority.

Besides the personal details and the professional qualification and experience proofs, the application file shall also include a certificate indicating the applicant’s physical or mental health.

The recognition of the professional qualifications is done based on the study and professional reorientation programs for the relevant working activity, pursuant to the specific legislation. Moreover, the professional experience of at least one year in the field has to be proven, maybe even accompanied by a document confirming the professional reputation. The system for automatic recognition of the 16

In the relevant field for obtaining the qualification (bakery and/or flour product making)

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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

qualifications achieved through professional experience usually applies in the Czech Republic.

3. The Recognition Act was only adopted in Germany in 2012 for the improvement of the process for assessment and recognition of the professional qualifications achieved abroad; it combined a federal act called the Law on the establishment of equivalence of professional qualifications (Gesetz Ăźber die Feststellung der Gleichwertigkeit

von

Berufsqualifikationsfeststellungsgesetz

Berufsqualifikationen; -

BQFG),

with

the

amendments made to the existing legislation and to the professional regulations (for the respective fields). In the case of the baker and confectioner–pastry maker qualifications, the Law on the regulation of crafts in 1953 (Gesetz zur Ordnung des Handwerks Handwerksordnung) applies; it is completed by the Crafts Code dated September 24th, 1998, with the last amendments made through Article 2 in the Law dated December 5th, 2012 (the Federal Official Gazette I p. 2415), Moreover, Germany has also concluded several bilateral agreements for the recognition of the professional qualifications with certain partner states, such as Austria and Hungary.

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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

Germany does not have a central body in charge with all the applicants regarding the recognition of the professional qualifications achieved in other EU Member States. The Chambers of Handicrafts in the German states are in charge with the recognition procedure.

The applications coming from abroad may be forwarded directly to the responsible authority or to the Central Office for Foreign Education (ZAB), who shall forward the applications to the responsible authorities. The documents that have to be submitted together with the application for the recognition of the baker and confectioner–pastry maker professional qualifications are as follows:  The identification document (ID Card / passport - copy);  The table including the training / schooling, as well as any job remunerated up to the time when the recognition is requested (in German);  The

evidence

indicating

the

professional

qualifications achieved abroad;  The evidence indicating the relevant professional experience;  Other certificates of competency (such as the continuous training) ;  The statement confirming that by the application date no other application was submitted for equivalence purposes.

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The European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

The responsible authority may ask for copies of the original certificates or documents. In certain cases, the authority may accept plain copies of the documents. The documents have to be translated into German by public interpreters appointed and authorized / translators in Germany or abroad.

In Germany, the professional qualification recognition system is based on the professional experience achieved in the Member State of origin, which can be done either by automatic recognition or may be accompanied by training specific requirements. For the qualification recognition the following steps shall be taken:  The procedure compares the foreign professional qualifications with a similar German occupation;  The competent authority takes into account if there are significant

differences

between

the

foreign

professional

qualifications and the German professional qualifications;  The professional experience achieved in Germany or abroad may also be taken into account in addition to the training programs.

If no proper evidence may be submitted in support of the qualifications, an analysis of the qualifications may be conducted in order to determine the professional skills (such as technical discussions or on-site tests). If there are significant changes between

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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

the foreign professional qualifications and the German comparable qualifications, the applicant shall be subject to an adjustment action (an adjustment period of maximum three years) or he/she has to take a skills test for the proper equivalence to be made.

IV. The exercising of the baker, pastry maker and confectioner professions in the European Union The bakers – pastry makers – confectioners are workers in the food industry, hospitality industry, crafts and restoration (catering), who manufacture (bake and sell) bakery products, flour products and/or confectionery.

The baker / pastry maker / confectioner professions / occupations are being regulated in certain Member States of the European Union (Austria, the Czech Republic and Germany), while in other European countries (Romania, Italy, Spain, Denmark, the Netherlands, Great Britain) they are not being regulated.

In the Member States where these professions / occupations are not being regulated, the nationals having obtained a professional qualification in a country (the country of origin) other than the host country may legally work as any other citizen in that state without

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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

the recognition of the baker – pastry maker – confectioner qualification / the skill certification being mandatory.

Irrespective of the profession type – regulated or non-regulated – when baker – pastry maker – confectioner profession is being exercised, the following have to be complied with:  the national legal framework regarding the professional activities carried out in the economic field in that country,  the conditions for their access to the labour market (to hold a residency permit for Denmark, a work permit in Germany and in Great Britain etc.),  other specific requirements regarding the exercising of the profession.

For example, the exercising of the baker / pastry maker / confectioner professions may have an impact on the food safety, public health and consumer protection. Therefore the workers in the food sector (industry and restoration) have to have knowledge on the hygiene and food safety issues, on the specific national legislation (referring to food processing and sale,...) etc.

A baker / pastry maker / confectioner may carry out his/her professional activity both as an employee and independently (as selfemployed).

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The European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

For exercising the baker, pastry maker or confectioner professions in the Member States where the provisions are being regulated, following the recognition of the professional qualifications there are no additional provision conditions such as: fee payment, professional insurance, mandatory classes, etc. The potential fees might arise when carrying out certain commercial activities (as selfemployed) based on the trade-related national legislation, without any direct link to the achieved qualification.

A Romanian citizen who wants to work in another country of the European Union shall be subject to the legislation applicable in the host country – his/her professional qualification shall have to be recognized only if he/she shall exercise the profession in one of the countries where the profession is being regulated. Although the free movement of workers is a fundamental right allowing the citizens of a EU Member State to work in another Member State under the same conditions as those applicable to the citizens of the host country, the EU treaties lay down the possibility to restrict the application of this freedom17 for a definite term. For example, at this moment18, nine of the EU Member States apply restrictions for the Romanian workers

17

With reference to the occupation of a workplace

18

During the elaboration of the guidelines (June 2012 – July 2013)

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who want to work in these countries, i.e.: Austria, Belgium, France, Germany,

Luxemburg, 19

Netherlands and Spain.

Malta,

Great

Britain,

the

The Romanian workers’ access to the

labour markets in the states imposing restrictions is based on the national legislation in that state, including the bilateral agreements regarding the movement of workers, which Romania has already concluded with these states (mainly with Germany, Spain, France).

If we refer to the exercising of the baker, pastry maker or confectioner professions in Romania, as far as the organization and performance of the professional activities, the authorities and organizations

with

institutional

capacity

(in

charge

with

coordination, regulation and control) operating in the relevant sectors of the national economy are as follows: 

the Ministry of Agriculture and Rural Development (central authority – food industry),



the Ministry of Economy – the National Authority for Tourism (the former Ministry of Rural Development and Tourism – the Tourism Development Division (central authority – hospitality industry).

19

Restrictions applicable to the fee movement of labour within the European Union (http://www.mmuncii.ro/nou/index.php/ro/munca/mobilitatea-fortei-de-munca/644restrictii-aplicabile-liberei-circulatii-a-fortei-de-munca-in-ue, accessed in May 2013)

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Structural Instruments 2007 - 2013

Conclusions The analysis of the regulation of the professions corresponding to the baker, pastry maker and confectioner occupations in the Member States of the European Union or of the European Economic Area, including the Swiss Confederation, indicates that these professions are being regulated in the following countries: Austria, Belgium,

the

Czech

Republic,

France,

Germany,

Iceland,

Liechtenstein, Slovakia and Hungary. For a national to exercise a regulated profession in any of these host countries his/her skills have to be validated or certified for the professional recognition of his/her qualification and for him/her to have access to the labour market.

In countries such as Denmark, Italy, Great Britain, the Netherlands and Spain the baker – pastry maker – confectioner professions are not being regulated.

The skill certification and the recognition of the professional qualification are not mandatory in the Member States where the professions are not being regulated, but the employers or the affiliation to certain professional associations might require these conditions. For example, the training and skill certification have been

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Structural Instruments 2007 - 2013

presented for the attestation of the baker / pastry maker / confectioner qualifications in Romania.

These guidelines have indicated the procedure for the validation / certification of the professional skills for the regulated professions in the analyzed EU Member States, i.e. Austria, the Czech Republic and Germany. The qualification level associated with the baker – pastry maker – confectioner professional skills in the Member States where the respective professions are being regulated is usually lower than the corresponding Level 3 in the Qualification European Framework.

The recognition of the professional qualifications obtained in EU Member States other than the host country complies with the provisions laid down in Directive 2005/36 regarding the recognition of the professional qualifications. The professional qualification recognition process is mandatory for a national to exercise the baker – pastry maker – confectioner professions in the EU Member States where the professions are being regulated. The processes for the recognition of the baker – pastry maker – confectioner professional qualifications in Austria, the Czech Republic and Germany are performed pursuant to a common procedure, but there are particularities regarding the access conditions, the documents

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necessary for putting together the application file and the determination of the equivalence in relation to the applicable national legislation in each Member State in question. The baker / pastry maker / confectioner professional qualification recognition system is based on the professional experience achieved in the Member State of origin, which can be done either by automatic recognition or it may be accompanied by specific training requirements.

A baker / pastry maker / confectioner can carry out his/her professional activity both as an employee and independently.

Irrespective of the profession type – regulated or non-regulated – when exercising the baker – pastry maker – confectioner professions, he/she has to comply with the national legislation regarding the professional activities carried out in the economic business in that country, the conditions for having access to the labour market, and even other specific requirements regarding the exercising of the profession.

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Selective Bibliography 1. Amt f端r Volkswirtschaft (http://www.llv.li/amstsstellen/llv-avwhome.htm , last accessed on June 4th, 2013) 2. The National Centre for Recognition and Equivalence of Diplomas (http://cnred.edu.ro/, last accessed on May 24th, 2013) 3. The Romanian Occupational Classification (COR) (http://www.mmuncii.ro/nou/index.php/ro/munca/c-o-r , last accessed on June 4th, 2013) 4. Directive 2005/36/EC of the European Parliament and of the Council dated September 7th, 2005 regarding the recognition of the professional qualifications 5. Directive 2006/123/EC of the European Parliament and of the Council dated December 12th, 2006 regarding the services on the internal market 6. Legal documents (http://ec.europa.eu/internal_market/iminet/important_documents_ro.html; last accessed on May 20th, 2013) 7. EURES (https://ec.europa.eu/eures/home.jsp?lang=ro, last accessed on June 25th, 2013) 8. IMI PQ - About the project (http://www.imipqnet.ro/ro/despreproiect/, last accessed on June 27th, 2013) 9. Law no. 200 / 2004 regarding the recognition of diplomas and of professional qualifications for the regulated professions in Romania, with current amendments 10. The Qualification Equivalence Act (Gesetz 端ber die Feststellung der Gleichwertigkeit von Berufsqualifikationen; Berufsqualifikationsfeststellungsgesetz BQFG) (http://www.gesetze-iminternet.de/bundesrecht/bqfg/gesamt.pdf, last accessed on June 25th, 2013)

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11. The Law on the regulation of crafts (Handwerksordnung) in 1953, completed by the Code dated September 24th, 1998 (the Federal Official Gazette I p. 3074 and in 2006 am p 2095), with the last amendments made through Article 2 in the Law dated December 5th, 2012 (the Federal Official Gazette I p.

2415), (Gesetz zur Ordnung des Handwerks Handwerksordnung) (http://www.gesetze-iminternet.de/bundesrecht/hwo/gesamt.pdf, last accessed on June 25th, 2013) 12. National contact points – European Commission (http://ec.europa.eu/internal_market/qualifications/contact/nation al_contact_points_en.htm, last accessed on June 30th, 2013) 13. Qualification Nomenclature (http://www.mmuncii.ro/pub/imagemanager/images/file/NCalific ari/NomCalificari_Tabel5.pdf , last accessed on May 20th, 2013) 14. Oktatási Hivatal, Magyarország (http://www.oktatas.hu/kepesitesek_elismertetese/english/recogn ition_of_foreign_qualifications, last accessed on May 20th, 2013) 15. Order no. 51/2007 issued by the Minister of Labour, Social Solidarity and Family for the approval of the Procedure for qualification attestation – training and professional experience – achieved in Romania, outside the national education system, by the Romanian citizens who want to carry out their activity as self-employed or as employees in a EU Member State 16. Order no. 701/2003 issued by the Minister of Labour, Social Solidarity and Family for the appointment of the unit that automatically recognizes the documents proving the qualification achieved abroad, outside the education system, by the Romanian citizens or by citizens of the EU Member State or of the states in the European Economic Area

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17. Order no. 3199 / 2012 issued by the Minister of Education, Research, Youth and Sport for the approval of the Methodology regarding the issue – for the professions not regulated in Romania – of the certificate of study conformity with the provisions laid down in Directive 2005/36/EC of the European Parliament and of the Council, dated September 7th, 2005 regarding the recognition of the professional qualifications 18. Order no. 3075 / 2008 issued by the Minister of Education, Research and Youth regarding the approval of the procedure for the professional recognition of the professions not regulated in Romania 19. Regulated professions and competent authorities, Czech Republic (http://ec.europa.eu/internal_market/qualifications/regprof/index. cfm?action=regprof&id_regprof=14608 , last accessed on June 10th, 2013) 20. Regulated professions database, France (http://ec.europa.eu/internal_market/qualifications/regprof/index. cfm?action=regprof&id_regprof=14307&id_profession=12142& tab=countries&quid=2&mode=asc&pagenum=1, last accessed on June 10th, 2013) 21. Restrictions applicable to the free movement of labour throughout the European Union (http://www.mmuncii.ro/nou/index.php/ro/munca/mobilitateafortei-de-munca/644-restrictii-aplicabile-liberei-circulatii-afortei-de-munca-in-ue, last accessed on May 20th, 2013) 22. The Resolution of the European Parliament dated December 15th, 2011 regarding the free movement of workers throughout the European Union (2013/C 168 E/12) 23. Solvit (http://ec.europa.eu/solvit/site, last accessed on May 20th, 2013)

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24. Occupational standards (http://www.anc.gov.ro/index.php?page=so, last accessed on May 20th, 2013) 25. The EU single market - Regulated professions database, Belgium (http://ec.europa.eu/internal_market/qualifications/regprof/index. cfm?action=regprof&id_regprof=4888&tab=general , last accessed on May 20th, 2013) 26. The EU single market - Regulated professions database, Liechtenstein (http://ec.europa.eu/internal_market/qualifications/regprof/index. cfm?action=regprof&id_regprof=5541,http://ec.europa.eu/intern al_market/qualifications/regprof/index.cfm?action=regprof&id_r egprof=5586 , last accessed on May 20th, 2013) 27. The EU single market - Regulated professions database, Hungary (http://ec.europa.eu/internal_market/qualifications/regprof/index. cfm?action=regprof&id_regprof=13908 , last accessed on May 20th, 2013) 28. The EU single market - Regulated professions database, Austria (http://ec.europa.eu/internal_market/qualifications/regprof/index. cfm?action=regprof&id_regprof=7184,http://ec.europa.eu/intern al_market/qualifications/regprof/index.cfm?action=regprof&id_r egprof=4465&id_profession=12142&tab=countries&quid=2&m ode=asc&pagenum=1, last accessed on May 20th, 2013)

[drawn up: July 2013]

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