Town planner

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

EUROPEAN SOCIAL FUND District Operational Program for the Human Resources Development 2007 – 2013 Priority Axis 3 „WORKERS AND COMPANIES ADAPTABILITY DEVELOPMENT” Intervention major field 3.3 „Development of partenerships and encouraging the social parteners and civil society initiatives"

Title of the project:“Competent Authorities Network for the Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: Ministry of National Education Contract no: POSDRU/93/3.3/S/53132

L31.2 Guide 2 Cucu Ciuhan

Certification and recognition guide for the town planner profession

Author: Univ. prof. dr. Geanina CUCU-CIUHAN Methodological expert ANC, Genereal Field 1

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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

Contents Introduction

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I. Situation of the town planner profession regulation in Romania and the 8 member states of European Union

4

1.1.

Town planner profession in Europe

4

1.2.

European normative frame in which the town planner profession is regulated

6

II. Validation/certification procedures of competences applied by CA in the countries where the

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profession/s are regulated 2.1. Accreditation and certification in order to exercise the town planner profession in Italy

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2.2. Accreditation and certification in order to exercise the town planner profession in Spain

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2.3. Accreditation and certification in order to exercise the town planner profession in Czech

19

Republic

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2.4. Accreditation and certification in order to exercise the town planner profession in Austria

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2.5. Accreditation and certification in order to exercise the town planner profession in Great

22

Britain

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2.6. Accreditation and certification in order to exercise the town planner profession in Denmark

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2.7. Accreditation and certification in order to exercise the town planner profession in

25

Netherland 2.8. Accreditation and certification in order to exercise the town planner profession in Germany

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III. Recognition processes of the qualifications obtained in other member states of European

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Union 3.1.

General frame of the recognition process of the qualifications/professions regulated in

the European Union

30 32 34

3.2.

Recognition of the town planner qualification in Italy

34

3.3.

Recognition of the town planner qualification in Spain

35

3.4.

Recognition of the town planner qualification in Czech Republic

35

3.5.

Recognition of the town planner qualification in Austria

36

3.6.

Recognition of the town planner qualification in Great Britain

38

3.7.

Recognition of the town planner qualification in Denmark

42

3.8.

Recognition of the town planner qualification in Netherland

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3.9.

Recognition of the town planner qualification in Germany

IV. Exercise of the town planner profession in European Union V. Conclusions Bibliography

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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

Introduction The present Guide is one of the results of the project „Competent Authorities Network for the Professional Qualifications in Romania (IMI PQ NET România)” implemented by the Ministry of National Education in partenership with the National Authority for Qualification and the Institute for Social Policies (ISP), co-financed from the European Social Fund through the Sectorial Operational Program for the Human Resources Development 2007 – 2013 (POSDRU).

General objective of the project „Competent Authorities Network for the Professional Qualifications in Romania (IMI PQ NET Romania)” consists in creation and strenghtening of the network IMI (Internal Market Information) for the professional qualification in Romania (IMI PQ NET), to supprt the CE initiative regarding the development of the Infomation system of the internal market, the development of a common initiative in this regard, at national level, aiming the consolidation of the social partners capacity (agencies and government organizations, profesional associations) to promote sustainable development, by creating some adequate instruments and some communication channels and mutual consultation, to have an efficient communication of similar organizations in the European Union and the European Economic Space (SEE), through the IMI platform.

The purpose of elaborating this guide is the consolidation of the Town planners Register capacity in Romania, as social partener of the project and of the competent autority for the town planner profession, to get involved in the exchange of information intermediated by the IMI platform.

The present guide has also been elaborated in order to support the Register of Town planners in Romania in its standardization efforts of the certification and recognition processes of the town planner profession, by informing regarding the practices in other 8 member states of European Union.

Last but not least, the present guide aims to inform the Romanian citizens regarding the certification process of the competences and regarding the requests and the recogniton process particularities of the town planner professional qualification in the 8 member states of European Union: Italy, Spain, Germany, Austria, Czech Republic, Netherland, Denmark and Great Britain.

To make the recognition and certification guide for the regulated professions, the foreign methodological experts of the National Authority for Qualification have researched the information sources at the national level (of the analyzed countries and of Romania) and the community level (comparative studies carried out at the level of European Union) and have participated at studies visits in more Member States of European Union, where they had the possibility to complete the documentation work by sharing experience with the representatives of the Competent Authorities on verious professions regulated in that countries.

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THE EUROPEAN UNION

I.

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

Situation of the regulation for the town planner profession in Romania and the other 8 member states of European Union

1.1. Town planner profession in Europe The importance of the town planner profession in Europe has grown exponentially during the last decades, with the advent of more stringent issues related to the population growth, climate changes and unsustainable development. The town planner is part of the „green collars” profession categories, those who have the role to develop and implement projects, policies and technologies for improving conservation and sustainability of the environment.

The town planner is a professional that works in urban planning field / filed use planning to optimize and improve the efficiency of the land use by the community. He makes plans for the development and management of the urban areas and suburban one and analyzes the use of land from compatibility point of view with economic, environment and social trends. In this process of plans development for the community, either they are commercial, residential, agriculture, natural or recreational areas, town planners must take into consideration a wide range of aspects such as sustainability, air polution, traffic congestion, field values, legislation etc.

At the european level town planners are organized in CEU-ECTP (European Council of Town planners1), where Romania is a member with full rights from Europe, participates at all meetings, has a sustained and appreciated activity and is often mentioned as a good example of organization of the profession.

The mobility of the town planners in European Union A number of 260 european town planners work in other member state of EU. In Table 1 is presented a synthesis situation of the town planners number that work in another EU country than the one in which they are registered. The data are extracted from the site of the European Commission – EU Single Market – Data base ragarding the regulated professions2.

1 2

http://ceu-ectp.org// http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm

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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 1: Synthesis situation of the town planners number that work in another EU country than the one they are registered in

Legend: 1) Calificarea obtinuta = Qualification obtained 2) Recunoasterea calificarii in tara gazda = Recognition of the qualification in the host country In Fig. 1 are represented the first five countries in the European Union with the greatest number of town planners that obtained the recognition of the qualification in another member state. The data are extracted from the site of the European Commission – EU Single Market – Data base regarding the regulated professions3.

Fig. 1: The first five countries in the European Union with the greatest number of town planners that obtained the recognition of the qualification in another member state 3

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm

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The European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

In Fig. 2 are represented the first five host countries in European Union that have recognized the greatest number of qualification in urbanism field. The data are extracted from the site of the European Commission – EU Single Market – Data base regarding the regulated professions4.

Fig. 2: The first five host countries in the European Union that have recognized the greatest number of qualifications in town planning

Regarding the situation of the town planners in other EU member countries that obtained the recognition of the qualification in Romania, until now only two profesionists (one in Italy and one in Spain) have obtained this recognition. The data are extracted from the site of the European Commission – EU Single Market – The data base regarding the regulated profession5.

Regarding the situation of the town planners in Romania who have obtained the recognition of the qualification in other EU member states, until now only two specialists have obtained this recognition: one in Ireland and one in Sweden. The data are extracted from the site of the European Commission – EU Single Market – The data base regarding the regulated profession6.

1.2. The european normative frame in which is regulated the town planner profession A key feature of the town planner profession in the countries of European Union7 is its fragmentation, due to different national legislations, institutional and particular situational contexts regarding the town planning policies, as well as the professional training requests.

4

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm - Statistics done on 24.05.2013.

6 http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm 7 Geppert A. & Verhage R., Towards a European recognition for the Planning profession, Planning Education, no. 1, 2008, Proceedings of the second meeting of AESOP Heads of Schools held at the Arenberg Castle, Leuven, Belgium on 14 April 2007.

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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

As opposed to the profession of architect, that beneficiates of sectorial regulation at European level, town planner profession is not regulated in all member stats of European Union, complying with the general provisions from the Directive 2005/36/CE of the European Parliament and of the Council regarding the recognition of the pofessional qualifications.

Although it isn’t regulated at the european level, the town planner profession is regulated in some member states of European Union, and in others is not regulated. From this reason, the situation at the european level is complicated and fragmented.

In Romania, town planner profession is regulated.

A. Laws 1. LAW no. 289 from 7 July 2006 for the amendment and completion of Law no. 350/2001 regarding the regional planning and town planning 2. LAW No. 350*) from 6 July 2001 regarding the regional planning and town planning, with further amendments and addenda 3. Law no.184/2001 regarding the organization and exercise of architect profession, republished 4. Law no. 50/ 1991 regarding the authorization of construction works execution, with further amendments and addenda 5. Law no. 213/ 1998 regarding the public property and its legal regime.

6. Law no. 219/ 1998 regarding the concessions regime.

7. Laws of approval for the Landscaping Plan for the National Territory (LPNT): · I Section – Means of communication: Law no. 71/ 1996 (update Project law/ 2004). · II Section – Water: Law no.171/ 1997. · III Section – Protected areas: Law no.5/ 2000. · IV Section – Network of municipalities: Law no. 351/ 2001. · V Section – Natural risk areas: Law no. 575/ 2001.

B. Government decisions 3. H.G. 267/2006 for the approval of Methodological norms for the law enforcement 184/2001.

4. Decision no. 525/ 1996 for the approval of General regulation of town planning, with further amendments and addenda; 5. Decision no. 1 519/ 2004, for the approval of Regulation for acquiring right of signature for the landscape planning documentations and town planning and of Regulation regarding the organization and operation of the Town planners Register in Romania.

C. Decisions of the Superior Council of the Town planners Register in Romania

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Structural Instruments 2007 - 2013

2. Decision no. 101/ 13.08.2010 for the approval of the Regulation for acquiring the signature right for landscape planning documents and town planning and of the Regulation for the organization and operation of the Town planners Register in Romania which repeals the Decision no. 26/ 26.09.2006.

Access conditions: 1. diplomats town planners – graduate with a diploma from the urbanism faculties, recognized by the Romanian state, with a duration of studies of minimum 5 years; 2. graduates with a diploma of some faculties accredited by the Romanian state, from the following fields related to town planning and urban planning: constructions-plants, geography, sociology, economics, ecology, transports, telecommunications, power engineering, water technology, geodesy, history, that graduated a secondary university specialty program in urbanism and urban planning fields, accredited according to law and recognized by the Town planners Register in Romania; 3. graduates with an architecture superior education diploma or of other specialities related to urbanism and urban planing mentioned at p. 2, from the previous classes of the year 2002 including, that have specialized by professional practice for at least 6 years in urban planning and urbanism fields.

File for the application in practical training: - Application form for the practical training - Europass Curriculum vitae - Photocopies of the graduation diplomas and their originals presentation - Two recommendations for the application for practical training (application form) given by the RUR certified specialists, from which one shall be the internship guide - Work Contract that certifies the trainee is an employee as a designer File to acquire the right of signature: A.1. – Specialist practitioners trained as architect, town planner, engineer, geographer, economist, sociologist, ecologist etc. (acc. art. 4, lett. i) 1. Application form – type form · the applicants shall mention explicitly in the application form the types of documentations or parts of documentations and afferent symbols for which they request the right of signature.

2. The point of view of the Territorial Offices of RUR for the applicants in the counties fom the development regions North-west, South-East, North-west, Center, West and South-West, the files shall be sent to the Examination Boards, only by the Territorial Offices in Iasi, Cluj-Napoca and Timisoara, according to the set assignation and shall be accompanied by a written point of view of the BTRUR coordinator.

3. Two recommendations signed and stamped from 2 specialists with the signature right, certified and registered in the Town planners Register at the file submission date by the applicant – application form

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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 recommendations shall accurately mention the types of documents or part of documents and the afferent symbols for which is recommended to grant the signature right; · the recommendations shall also mention the quality in which the signatory knew the candidate, respectively: internship guide, coordinator /project manager, chapters drawer, or hierarchical manager in a public institution, profile commercial companies or an architecture office; · the signatory of the recommendation must have the right to sign for at least the same categories of documentations or parts of documentation for the landscape planning and town planning the candidate asks and must be able to certify by signature and a stamp the completion of at least one relevant work the candidate collaborated to, including the payment receipt for the RUR rate for the exercise of the signature right.

4. Curriculum vitae that must include the description in detail of the professional activity · type of CV used shall be Europass type (on the RUR site); · the CV shall have attached a detailed list of the relevant works (portofolio) for the signature right requested, mentioning at least the following elements: complete name, beneficiary, year of elaboration, name of the project manager and the responsibility fulfilled by the applicant in elaborating that documentations or part of documentation for the landscape planning and /or town planning; · the CV shall also have attached a list of publications including books, studies, specialty articles, reports – being highlighted the relevant ones for the documentations or part of documentations for which he requires the signature right · the CV and its appendixes shall be signed by the applicant on each page.

5. The diplomas, certificates and other documents copies that certify the qualification of the applicant, the graduation of some master or university specialty programs, other types of specialization or training and professional training.

6. The valuation report of the professional internship performance8 (if necessary) · the valuation report shall be signed by the internship coordinator and shall be accompanied by a card-type, including information regarding the compliance with the obligations stipulated at art. 20 paragraph (2) form the regulation; · the valuation report shall be stamped by a professional commission monitoring the internship at its conclusion (mentioned in RUR register).

7. Photocopies of the regulations drawings from the elaborated general urbanistic plans /urban zoning plans, at small scale as well as other drawings and graphic representions appropriate and relevant for the categories of documentations or part of documentations for which the signature right is requested.

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For the recognition of the adequate internship period performance, there is taken into account the compliance of the provisions from Art. 17 (1) from the regulation, respectively: „Internship period on the territory of Romania starting from the registration date as a trainee in the Urbanists Register”.

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Structural Instruments 2007 - 2013

· photocopies shall be preceded by a checklist that shall explicitly include the documentations and the presented drawings and the work name where they are extracted from; · photocopies shall be presented at a small scale, but adequate for the understanding the content and for the identification of the recognition data of the work; · photocopies shall be reproductions of the original drawings signed and stamped; if it isn’t possible to various reasons, they shall have signatures and stamps in original; · at least a part of the presented works shall be signed by the intenship coordinator or by signatories of the two recommendations, if necessary; there can be attach confirmation letters (signed and stamped) from the project managers /coordinators regarding the contribution of the applicant at that work/drawing (elaboration, drawing, chapters from the technical memorandum /regulation, chapter responsible etc.); · documentations from which are extracted and presented the photocopy must fulfill the condition to be approved or at least stamped (for the documentations elaborated after the year 1991); for this purpose there shall be presented copies of the relevant stamps relative to the complexity or the characteristics of the documentation for which the signature right is requested; · for the documentations from which are extracted and presented the photocopies must be presented in copy the corresponding payment receipt of the rate by RUR 8. Examination payment rate receipt.

A.2. - Specialists that come from administration working as chief architect 1. Application form – type form · the applicants shall explicitly mention in the application the types of documentations and the afferent symbols for which they require granting the signature right in conformity with the provisions of art. 49, p.

(3).

2. Proof of age in a position as chief architect or equivalent · minimum necessary seniority for the experience equivalence is of minimum 4 years according to the provisions of art. 49 in the regulation; the seniority shall be proved by a certificate or another proving document issued by the employment public institution.

3. The point of view of the Territorial offices of RUR – for the applicants in the counties included in NorthEast, South-East, NorthWest, Center, West an South-West development regions, the files shall be sent to the Examination Board, only by the Territorial Offices in Iasi, Cluj-Napoca and Timisoara, according to the set assignation and shall be accompanied by a written point of view of the BT RUR coordinator.

4. Curriculum vitae must include the description in detail of the professional activity · the type of CV used shall be Europass type (RUR site); the CV shall be signed on each page.

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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

5. COPIES of the diplomas, certificates and other documents that certify the qualification of the applicant, graduation of some master programs or university specialization, other types of specialization or training and professional training.

6. The activity report that certifies the activity and the experience characteristic to the analysis, valuation, stamping, coordination (from the beneficiary) of some documentation for the landscape planning and town planning (if necessary) · the report shall include copies of the documents /proving documents of the characteristic activites exercised by the applicant; the copies shall be ordered and included in a checklit that shall mention: type of work, name, year of elaboration, beneficiary and activity performed by the applicant (made, verified etc.); · the report shall be accompanied by a confirmation letter signed by the hierarchical manager in the employement institution.

7. Examination rate payment receipt.

Note: If the applicant that comes from administration had a practical activity according to which he may request the signature right granting for certain categories of documentations, he shall present a file according to the requests from p. A1, completed with the elements characteristic to the situation described at p. A2 (eg. „seniority proof”, „activity report”).

File signature right expansion: - Expansion application form - Updated Europass CV - Photocopies of documents that are part of the old file - Works portofolio - Payment rates receipt for the exercise of the the signature right since the accreditation date - 2 recommendations for granting the signature right for the new types of documentations for landscape planning and town planning - Payment rate for the expansion of the signature right Description stages of the accreditation procedure: The first step a graduate must do before getting the signature right is to register as an intern of RUR. The minimum compulsory internship is of 2 years.

The procedure to get the signature right includes the following steps: a) registration for the accreditation of the signature right; b) registration for taking the examination to get the signature right; c) performance of the accreditation procedure for the signature right or, if necessary, the performance of the examination to get the signature right; d) granting the signature right.

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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

To be able to exercise the signature right, specialists who got it register in the Town planners Register from Romania.

The registration for the signature right accreditation consists in: a) giving the file for the accreditation at the examination board secretary office; b) verification of the file’s content by the examination board secretary; c) sending the file to the commission to be verified. d) the Superior Council may ask the candidates the accreditation of the signature right to participate at an analysis of the elaborated works. e) Superior Council may reject, motivated, the registration of the candidates and decide not to grant the signature right for the documentations of lanscape planning and town planning.

Registration at the examination to get the signature right consists in: a) giving the registration file to the examination board secretary; b) verification of the file’s content by the secretary of the examination board, regarding the fulfillment of all conditions included in the regulation; c) the acceptance of the registration at the examination and schedualing regarding taking it.

Accreditation of the signature right consists in: a) valuation of the portofolio of the works written by the applicant; b) prove of the academic title obtained (authenticated copy of the diploma); c) professional experience or graduated university specialty programs; d) recommendation from 2 specialists with the signature right from which one specialist from the same development region.

Examination to get the signature right consists in the following tests: a) valuation of the registration file’s content regarding the experience gained during the internship, respectively the professional practice, in the elaboration of the landscape planning documentation and town planning; b) examination of the knowledge regarding the regulations in landscape planning and town planning; c) interview regarding knowing the recent issues the urban and territorial development confronts with in Romania and the professional practice experience of the specialist.

The percentage of the results obtained at the 3 tests of the examination in the final score is: a) 40% for the registration file’s content, including the works portofolio; b) 30% for the examination of the knowledges regarding the regulations in landscape planning and town planning fields; c) 30% for the interview.

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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

After getting the signature right and the registration in RUR specialists may request the expansion of the signature right. The expansion procedure of the signature right includes the file deposit, analysis of the file and the expansion decision.

Logical scheme of the accreditation process for the town planner profession in Romania:

Fig. 3: Logical scheme of the accreditation process for the town planner profession in Romania

Legend: 1) validare si certificare = validation and certification 2) depunere dosar = file deposit 3) analiza dosar = file analysis 4) organizare examen pentru town planneri si arhitecti = organization of the town planners and architects examination 5) organizare examen pentru specialistii din domenii conexe = organization of specialists examination from related fields 6) interviu la comisia de examinare = interview at the examination board 7) validare in sedinta consiliului superior RUR = validaton in the RUR superior council meeting 8) admis = passed 9) respins = rejected 10) inscriere in RUR = RUR registration 11) DA = YES 12) contestatie = appeal 13) eliberare certificat si stampila = issuance of certificate and stamp 14) extindere drept de semnatura = expansion of signature right 15) analiza consiliului superior RUR = analysis of RUR superior council 16) NU = NO

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Granted Title: Specialists that have obtained the signature right receive the signature right accreditation certificate, where there are registered the categories of documentations they have been granted for.

The signature right accreditation certificates are accompanied by an appendix that includes the examination results. Specialists may exercise the signature right only after the registration in the Town planners Register, according to the signature right accreditation certificate.

Taxes: - For accreditation/ examination – amount for getting the signature right for the landscape planning and town planning documentations – equivalent in lei of 50 € at BNR exchange rate fom the payment day; - For the stamp and certificates – RUR registration amount – equivalent in lei of 35 € BNR exchange rate from the payment day; - For the expansion signature right – equivalent in lei of 25 € at BNR exchange rate from the payment day.

The signature right is valid for an indefinite period of time.

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Structural Instruments 2007 - 2013

Fig 4: Valuation grids of the candidates for the accreditation in town planner profession9

Grid for the candidates with experience of minim 6 years in the field* No. crt.

1.

Components of the file given by the candidate

CV that includes the detailed description of the training and professional activity (n1) 2.

Practical activity (works portofolio) (n2) 3.

Scientifical activity (list of elaborated studies, books, specialty articles published) (n3) Final score

Maxim score 10

Percentage criterion (%) 30%

10 10

50% 20%

n1x0,3+n2x0,5+n3x0,2

Grid for the candidates with experience of less than 6 years in the field* No. crt.

1.

Components of the file given by the candidate

CV that includes the detailed description of the training and professional activity (n1) 2.

Practical activity (works portofolio) (n2) 3.

Scientifical activity (list of elaborated studies, books, specialty articles published) (n3) 4.

Valuation report of the internship performance (n4) Final score

Maxim score 10

Percentage criterion (%) 30%

10 10

30% 20%

10 20% n1x0,3+n2x0,3+n3x0,2+n4x0,2

Grid for the candidates in administration (chief architects)* Components of the file given by the candidate Maxim Percentage score criterion (%) CV that includes the detailed description of the training and 10 30% professional activity (n1) 2.

Activity report that certifies the characteristic experience 10 50% regarding the analysis, valuation, stamping, coordination of some documentations for the landscape planning and/or town planning (n2) 3.

Practical activity (works portofolio) (n3) 10 10% 4.

Scientifical activity (list of elaborated studies, books, specialty 10 10% articles published) (n4) Final score n1x0,3+n2x0,5+n3x0,1+n4x0,1 No. crt.

1.

Comparative analysis of the town planner profession in Romania and in the 8 member states of European Union included in the study is presented in Table 2.

9

Decision 101 of the Superior Council of Town planners Register in Romania, for the approval of the Regulation for getting the signature right for the landscape planning and town planning documentations and the Regulation regarding the organization and operation of Town planners Register in Romania, Official Gazette of Romania, I Part, no. 577/ 13.VIII.2010.

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Table 2: Comparative analysis of the town planner profession in Romania and the 8 member states of EU included in the study Romania There are professions regulated in town planning field (Yes/No)

yes

Professions regulated in town planning

Town planner

Competent authority for the professions regulated in town planners field

Town planners Register in Romania

Activities (exclusive or shared) to the professions in town planning

There are no activities reserved to town planners

Real estate register Topographic determination / demarcation Feasability studies Planning and design Requests for constructions permits/ constructions licences Supervision and monitoring of constructions activities Technical and certification licences Urban and landscape planning

Germany Yes, except the lands from Hesse and North Rhine - Westphalia Town planner

Austria no

Great Britain

Netherland

yes

No, dar titlul este protejat

Spain

Italy no

Architect

Town planner

Professions included in the Ocupations Code: town planner

Technical architect

Architektenkammer Architects rooms in the 16 lands

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

Royal Institute of Town planning – Royal Town Planning Institute

Stichting Bureau Architectenregister (Architects Register)

Ministry of Dwelling

There are no activities reserved to town planners; most of the activities are shared with the architects and with the civil engineers

There are no activities reserved to architects; most of activities are shared

There are no activities reserved to town planners; most of activities are shared

The town planner title is protected, but the activities are not reserved to the professionists that have this title

The town planning activities are shared by the architect with the technical engineer

Czech Republic no

Denmark

Territory Planner Junior territory planner Ministry of Education, Univesitties and Research

Authorized architect

Professions included in the Ocupations Code: Architect

Czech Chamber of Architects

Architects Association

All activities are shared with the engineers and architects

Town planning activities are shared by the architect with the engineer

The town planning activities are shared by the architect with the engineer

yes

no

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Interior Design Training at the universitary level and of which main component is town planning or the training at the universitary level as an architect and secondary universitary specialization in town planning. (a) Individual Autonomous, Autonomous, Autonomous, Employee in the Autonomous, Autonomous, Autonomous, Employee in Exercise conditions office, partnership office, partnership office, partnership private sector, architecture partnership partnership the public partnership employee in private employee in private office, employee in the private office, office, office, administration office, sector sector, employee in employee in public administration employee of a employee in employee in commercial the public private sector constructions private sector private sector company for administration company, design or employee in the other forms of public association administration Recognition general procedure Recognition regime acc. to Directive 2005/36/CE Level of qualification acc. Directive 2005/36/CE Competences

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II. Validation/certification procedures of the competences applied by CA in the countries in which the profession/s are regulated

2.1. Accreditation and certification for the exercise of the town planner profession in Italy The town planner profession (territorial planner) is regulated in Italy. The competent authority for the landscape planners and junior landscape planners professions is the Ministry of Education, Universities and Reseach.

Junior territorial planner title emergence is a consequence of the implementation for the Bologna system in the high italian education and for the Bologna process objective to integrate a greater number of graduates of the university education cycle on the labor market. Thus, for the junior territorial planner title is necessary the diploma of licence (Laurea), while for the territorial town planner title is necessary the diploma of licence accompanied by the master diploma (Laurea magistrale).

The accreditation for the exercise of all professions regulated in Italy is done according to a state examination. The procedure differs significantly from the one in Romania, where the signature right is obtained after a 2 years internship period, finished with a complex examination that consists in: analysis of the file and the fulfillment of the eligibility and honesty conditions, valuation of the works portofolio and interview.

The architects, town planners, landscape painters and conservatives order (Ordine degli architetti, pianificatori, paesaggisti e conservatori) is a professional body that manages the professionists register with the right to exercise both the architect profession, and the town planner (territorial planner) and of restorer/conservative. Section A includes the architecture, town planning, landscaping, conservation of ambient and architectural goods sectors, to which correspond the professional titles of architect, town planner, landscape painter, conservative of ambient and architectural goods. Section B includes the sector of architecture and planning, to which correspond the professional titles of junior architect and junior town planner.

The professions managed by the Architects, town planners, landscape painters and conservatives are: architect, junior architect, town planner (urbanist), junior town planner (junior urbanist), landscape painter.

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

Procedure of accreditation A. Section A – profession of town planner (urbanist)

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Necessary documents for the registration at the state examination to get the town planner title: i. Diploma or the degree granted according to article 17, paragraph 95 from Law from 15 May, 1997, no.

Amendments 127 and, further, or licence diploma, according to table A attached to the Presidential Decree No. 328 from 2001, original, authenticated copy or copies of the document. ii. Tax payment receipt for the graduation examinations in amount of € .49,58 stipulated by article 2, paragraph 3 from the Decree of the Minsters Council President from 21 december 1990, subject to any subsequent amendments. iii. The applicants have also the obligation to pay a tax set by each university, according to article 5 from Law 24 december 1993, 537. The receipt must be attached to the above mentioned documentation. iv. The documentation regarding the content of the academic training program is inserted in the candidate’s file by the competent offices of the university or of the high education institute where the candidate registered to take the state examination.

The state examination for section A – town planning sector consists in: 1. A practical test that has as object the technical analysis of the urban and territorial phenomenons or the valuation of the drawings and of the urban, territorial and ambient transformation programs.

2. A written test on themes of urban legislation.

3. A discussion related to the subject that is the object of the written test, including the aspects regarding legislation and professional ethics.

B. Section B – profession of junior town planner Documents necessary for the registration at the state examination to get the junior architect title: 1. Diploma in town planning and territorial and ambient planning sciences 2. Diploma in science and technology for the environment and nature The state examination for the section B – town planning sector consists in: 1. A practical test that consists in a technical analysis of the urban and territorial phenomenons or the valuation of drawings and urban, territorial and ambient transformation programs.

2. A written test that has as objective the valuation of the urban compatibility of public works.

3. A second written test that consists in a theme or a graphic test from the specialty subjects studies during faculty.

4. An oral test from the subjects that are the object of the written test, plus legislation aspects and professional ethics.

2.2. Acceditation and certification for the exercise of the town planner profession in Spain The town planner profession is not regulated in Spain. As a matter of fact, the profession is not yet accepted, being in this moment a specialty of master level for the architect.

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The Royal Decree10 1837/2008 presents in the VIII Appnedix (Appendix L11a_2) the alphabetical list of the professions and activities grouped according to the training level existing in Spain to accede for the exercise of the profession, in correlation with the levels described in article 19 (article 11 from the Directive 2005/36/CE regarding the recognition of the professional qualifications).

The debate regarding the possibility to introduce the town planner professional title in Spain was followed during the last years by the discussions regarding the university reform. The conclusions of this debate are that the town planner must have a solid basis of professional training in architecture, therefore he must be a graduate of the licence studies in architecture. The specialization in town planning is obtained through the master program and is consolidated with the doctoral program.

2.3. The Accreditation and certification to exercise the town planner profession in Czech Republic In Czech Republic the town planning activity is exclusively one that is the state’s responsibility, coordinated by the resort ministry. Even in this state there is no town planner professional title, in exchange the architect has competences in town planning – the planning and use of lands. Therefore, the accreditation and certification follows the characteristic steps for the architect profession.

In Czech Republic the architect is a professionist authorized according to Law 360/1992 Coll. and is registered in the list of authorized architects kept by the Czech Chamber of Architects. The Czech Chamber of Arhitects issues the certificates in architecture, town planning and landscaping architecture fields. The competent authority is the Czech Chamber of Architects, that is responsible for the professional certification for the professions of: architect, town planner, landscape architect.

Legislation that regulates the profession is: -

Law11 no. 360/1992 from 7 May 1992 regarding the professional practice of the registered architects and the professional practice of the registered engineers and technicians that activate in constructions, amended by Law 164/1993 and Law no. 275/1994.

-

Law12 no. 224/2003 regarding granting the commercial licences.

-

Law no. 189/2008 regarding the amendment of legislation for the recognition of the vocational qualifications in Czech Republic.

10

REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directiva 2005/36/CE, del Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directiva 2006/100/CE, 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, 4618546320.

11 ACT no. 360/1992 Coll. of the 7th May 1992 on the Professional Practice of Certified 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.

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

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The minimum conditions of certification are: having a university diploma in architecture (5 – 6 years) and professional experience of minimum 3 years for the graduates in this field or 5 years for those that graduated related studies.

Way of application for the certification in Czech Republic: 1. Giving a written application by: a citizen of Czech Republic or a citizen of a EU member state or of the European Economic Space or Swiss Confederation.

2. The Chamber admits an applicant to the professional competence examination in term of 6 months from the written application reception, if he fulfills the professional training and citizenship criteria.

3. Requests for the professional training: a) University education or comparable in architecture graduated at a high education institution / recognized university, at least the master level of certification, according to section 3, paragraph a); studies must be according to the requests established by points 1.2 and 1.3 from the appendix for the certification in architecture field, stipulated in section 4, sub. 2, paragraph a). b) University education or graduated in a comparable education institution, in a field of study stipulated in Section 5, subsection 3, or in a similar field of study in the licence education program with a duration of minimum four years of studies, or in a master program for certification, according to section 3, paragraph b), c) University education or graduated in a comparable education institution, in a field of study stipulated in Section 5, subsection 3, at the licence program level or master program and/ or a secondary school or a technical secondary one in similar fields for certification, according to section 3, paragraph c).

4. Total duration of professional experience of at least 3 years in the field if the applicant is a graduate of a licence university education program or a master one in the field, and at least 5 years if the applicant is a graduate of another education program.

5. The professional competence examination aims the valuation of knowledge and competences necessary to practice the profession, especially: a) Proving the professional knowledge, if they are not part of the formal education recognized of the applicant. b) Proving the knowledge related to the legal aspects to practice the architect profession.

6. Certification tax: 500 CZK After passing the certification examination the architect takes an oath.

2.4. Accreditation and certification to exercise the town planner profession in Austria In Austria town planning is studied at the level of secondary university studies at the Geography Faculty from the University in Vienna and the University of Applied Agricultural Sciences in Vienna. Also in this state the town planner profession is not an independent one, it is generaly practiced by architects.

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The profession of architect is regulated in Austria. The Competent authority is: Bundesministerium für Wirtschaft, Familie und Jugend – Federal Ministry of Economy, Family and Youth13.

Law that regulates the profession of architect 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 access at the profession of architect in Austria For the access at the architect profession (civil engineer) there are the following conditions: graduation of specialty university education, work experience of at least 3 years after the graduation, passing the civil engineer examination.

The examination is oral and may be repeted twice. It includes themes from the following fields: Austrian legislation in administration, business administration, legal and professional rules applicable in the field, professional ethics.

Professional organizations from lands level are: 1. Chamber of architects and chartered engineering consultants for Vienna14 2. Chamber of architects and chartered engineering consultants for Styria and Carinthia15 3. Chamber of architects and chartered engineering consultants for Upper Austria and Salzburg16 4. Chamber of architects and chartered engineering consultants for Tirol and Vorarlberg17

2.5. Accreditation and certification to exercise the town planner profession in Great Britain The town planner profession is regulated in Great Britain, and the competent authority is the Royal Town Planning Institute18.

To access the town planner profession in Great Britain is necessary to graduate a licence university education program or a master program19 accredited by the Royal Town Planning Institute. The main condition is that the program to be a combined one (spatial + specialist), or to be graduated two programs: one spatial and one specialist.

2.6. Accreditation and certification to exercise the town planner profession in Denmark In Denmark, there is no town planner profession. The town planning activities are ordinarily done by architects.

13

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

14 Lower Austria and Burgenland, Kadam 9, 1040 Vienna, T 01/505 17 81/0 15 Schönaugasse 7, 8011 Graz, T. 0316/82 63 44/0 16 Kaarstraße 2 / III, 4040 Linz, T. 0732/73 83 94/0 17 Rennweg 1, 6020 Innsbruck, T. 0512/58 83 35 18 41 Botolph Lane, London, United Kingdom, EC3R 8DL, tel. +44 0207 929 9494, fax +44 0207 929 9490, http://www.rtpi.org.uk 19 http://www.rtpi.org.uk/education-and-careers/information-for-universities/accredited-qualifications/

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Either the architect profession is not regulated in Denmark, reason for which there is no competent authority in this field. In the same time, even the architect title is not professionaly protected in this country.

There is the Danish Association of Architects, which members use the title of architect.

The architect position is not restricted and doesn’t need accreditation, according to Danish legislation.

In other words, the graduate of a university education program accredited in architecture has the right to practice in Denmark for free, because the profession of architect is not regulated.

The architect may register himself in the Architects Association from Denmark. As the profession is not regulated, the Architects Association shall issue a certificate of Architect as Member of the Architects Association (MAA). But this certificate doesn’t give to the owner any additional rights, because the Architects Association is not a comptent authority, but only a simple professional association. The registration in Architects Association is not compulsory.

2.7. Accreditation and certification to exercise the town planner profession in Netherland In Netherland the town planner profession20 is not regulated. The town planner title is protected, but the town planning activities and services are not reserved to the holders of this title. In this state, legislation centers on the constructions and buildings sites. The professionists that operate in constructions field are not imposed regulaitions, or they are extremly vague. Achievement of the constructions activities is opened to any operator, but the given constructions projects are analyzed in detail by the local authorities.

For example, it is not mandatoy as a town planning project to be stamped by a town planner. The local authorities have their own experts in civil engineering and town planning that verify the technical viability of the project, and monitors the compliance with the town planning rules. The local authorities are those who authorize or reject the project, not the town planner.

Regulation regarding the professional experience – shall enter into force begining with the date of 31 December 2014.

Any student that finish the studies after the 31 December 2014 and wants to register in Netherlands as a town planner is obligated to finish a professional experience period. The professional experience period prepairs the students to satisfactory exercise their profession. After this period, when they get two years of professional experience, in practice, under the supervision of experienced town planners, active (mentors), they may register in the Town planners Register.

The office Architectenregister has the legal obligation to elaborate the detailed norms for the structure of this period. These rules shall be placed under the professional norms published in the year 2012 regarding the experience period. By this, the office Architectenregister implements the academic titles 20

Stedenbouwkundige

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(Architects) Act (WAT), law that has been modified in the year 2012. Regulations offer clarity regarding the level of knowledge, understanding and skills that a person who went through a period of two years of professional experience must have. This also offers a clear answer regarding the structure of this period, the necessary supervision of the statutory mentor and the way in which the professional experience period must be finished.

An important basis for the regulations regarding the content is the recommendation published in March 2011 by the WAT project group by the order of Architectenregister office and the Chief architect from the government. Since 2012, Architectenregister office involves all education institutes for prepairing the professional experience regulation. The professional organizations are also an important discussion partner. In addition, there shall be organized meetings in the entire country, in the near future. All persons registered in the register and other interested parties may present their point of view regarding the content and ask their questions to the Architectenregister office. The regulations are to be harmonized in time, begining with this date.

2.8. Accreditation and certification to exercise the town planner profession in Germany Accreditation and certification in the town planner profession in Germany is regulated by the lands legislation. The town planner profession21 is regulated in most of the lands, with two exceptions: in Hesse land and in North Rhine land – Westphalia the town planner title is protected, but the profession is not regulated.

According to the legislation that regulates the town planner profession, the town planner title is protected. The title is granted both to architects and to town planners, after the registration in the architects and town planners register, managed by the chamber of architects in the respective land. The registration is linked to the membership of the one of the architects chambers of the land.

The registration in the architects and town planners register managed by any of the architects rooms in any land of German Federal Republic is granted at request according to the proves included in the diploma, examination certificate or other relevant proves in town planning field and the practical experience relevant of 2 years (in Saarland 3 years). The application for the professional accreditation and certification are within the scope of the relevant professional rooms in the 16 lands: 1. Architektenkammer Baden-Württemberg22 2. Bayerische Architektenkammer23 3. Architektenkammer Berlin24

21

Stadtplaner Danneckerstraße 54, 70182 Stuttgart, Tel: 0711 / 21 96 -0, Fax: 0711 / 21 96 -103, E-Mail: info@akbw.de, Internet: www.akbw.de 23 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 24 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.ak-berlin.de 22

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4. Brandenburgische Architektenkammer25 5. Architektenkammer der Freien Hansestadt Bremen26 6. Hamburgische Architektenkammer27 7. Architekten- und Stadtplanerkammer Hessen28 8. Architektenkammer Mecklenburg-Vorpommern29 9. Architektenkammer Niedersachsen30 10. Architektenkammer Nordrhein-Westfalen31 11. Architektenkammer Rheinland-Pfalz32 12. Architektenkammer des Saarlandes33 13. Architektenkammer Sachsen34 14. Architektenkammer Sachsen-Anhalt35 15. Architekten- u. Ingenieurkammer Schleswig-Holstein36 16. Architektenkammer Thüringen37 III. Recognition processes of the qualifications obtained in other member states of European Union

3.1. The general frame of the recognition process for the qualifications/professions regulated in European Union At the level of European Union there are clear instruments that favour the transfer of qualifications and competences in academic or professional purposes. The purpose of the implementation of these instruments is to facilitate the right of free circulation of the citizens, precisely the ensuring the right of the individual to exercise a professional activity or to form in a member state.

There are two types of such instruments: a) the recognition system of the qualifications for the professions regulated and b) instruments that aim to ensure the visibility of competences and qualifications at an european scale: Europass and national reference points for the professional qualifications.

Kurfürstenstraße 52, 14467 Potsdam, Tel: 0331 / 27 59 10, Fax: 0331 / 29 40 11, E-Mail: info@ak-brandenburg.de, Internet: www.akbrandenburg.de 26 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 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 28 Bierstadter Straße 2, 65189 Wiesbaden, Tel: 0611 / 17 38 -0, Fax: 0611 / 17 38 -40, E-Mail: info@akh.de, Internet: www.akh.de 25

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 30 Friedrichswall 5, 30159 Hannover, Tel: 0511 / 280 96 -0, Fax: 0511 / 280 96 -19, E-Mail: info@aknds.de, Internet: www.aknds.de 31 Zollhof 1, 40221 Düsseldorf, Tel: 0211 / 49 67 -0, Fax: 0211 / 49 67 -99, E-Mail: info@aknw.de, Internet: www.aknw.de 32 Hindenburgplatz 6, 55118 Mainz, Tel: 06131 / 99 60 -0, Fax: 06131 / 61 49 26, E-Mail: lgs@akrp.de, Internet: www.akrp.de 33 Neumarkt 11, 66117 Saarbrücken, Tel: 0681 / 954 41 -0, Fax: 0681 / 954 41 -11, E-Mail: info@aksaarland.de, Internet: www.aksaarland.de 34 Goetheallee 37, 01309 Dresden, Tel: 0351 / 317 46 -0, Fax: 0351 / 317 46 -44, E-Mail: dresden@aksachsen.org, Internet: www.aksachsen.org 35 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 36 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 37 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 29

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In each member state there are two information points, respectively the National Point of Reference for professional qualifications and ENIC-NARIC Network.

A person who has studied in EU member country may request the recognition in another EU member country, in order to continue his studies or to exercise his profession. The recognition of qualifications is the responsibility of the recognition institutions, existing in each country. Thare are two types of “international” recognition: 

Academic recognition, that allows the person to attend or to continue his studies or confers him the right to use a national title or a degree in the host country according to the title or degree obtained in the origin country;



Professional recognition refers to the methodologies and valuation procedures in order to practice the profession/occupation.

Academic recognition and professional recognition have different objectives and in most of EU

member states are differently approched, with different instruments. Each EU country has its own regulated professions system. Thus, a profession may be regulated in a EU member country and may not be regulated in another. In the country in which the profession is regulated, the applicant must go through the recognition academic recognition to be able to exercise his profession, while in the country in which the profession is not regulated he goes through the professional recognition. There are also other situations, such as in Great Britain, where the professional qualification (for certain professions) is obtained after finishing the university studies with a characteristic professional training of secondary university level ensured by the suppliers authorized for professional training. In such situations the professional requests are established by a naional law or by professional organizations.

The town planner profession is regulated in some EU member states and is not regulated in others.

This fact often leads to the emergence of some unjustified barriers in the way of professionists who wish to exercise the town planner profession in another EU member state.

The recognition of the town planner qualification in Romania B.1. For the specialists with equivalent right obtained in another member state „Regarding the signature right persons or other equivalent right obtained in another member state, they may get the accreditation of the signature right from the Town planners Register in Romania, in capacity of competent national authority, only after the examination regarding the Romanian legislation in this field” (art. 6, p. 4 from the regulation).

For these specialists the file shall include: 1. REGISTRATION APPLICATION– application form

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- the applicants shall explicitly mention in the application form the types of documentations or parts of documentations and the afferent symbols for those who request the signature right granting.

2. PROVE of the signature right obtained in another member state and belonging to a professional association from that member state.

3. TWO RECOMMENDATIONS signed by 2 specialists with the signature right, member of the same professional association from the origin member state of the applicant.

4. CURRICULUM VITAE to include the detailed description of the professional activity - type of CV used shall be the Europass type (on RUR site); - the CV shall have attached a detailed list of the relevant works (portofolio) from the signature right requested as well as a list of publications including books, studies, specialty articles, reports; 5. COPIES of diplomas, certificates and other documentes to certify the qualification of the applicant, the graduation of some secondary university specialty programs or professional training. Certificate in the origin state to certify that he beneficiates of the necessary pofessional training.

6. Relevant EXTRACTS (written parts or designed) from the most important works elaborated by the applicant.

7. RECEIPT OF THE EXAMINATION TAX PAYMENT. Note: The file shall be presented in Romanian language except for the elements from p. 6 (copies of diplomas, certificates etc. shall be translated). The equivalence of the signature right shall set by the examination board from RUR according to the signature right characteristic for which the applicant has been certified in the origin state as well as in relation to the proved portofolio and experience. For the equivalence of the signature right shall be also taken into account provisions of art. 50 from the regulation regarding the recognition of the qualification title and the reciprocal agreements.

B.2 – For the specialists in other member states that do not have a signature right or Romanian specialists that got the qualification title on the territory of another member state A file shall be submitted which content shall fulfill the requests from p. A1. Additional details can be requested regarding the content of the graduated specialty programs, if necessary. A legislation examination shall be taken in this field or he shall prove the exercise of an „adaptation stage” of 6 months– 2 years according to the provisions of art. 6 (5) from the regulation.

SOLVIT SOLVIT is a network for solving the issues, in which the EU member states work together, not using the legal procedures, to solve the issues appeared due to the inappropriate application of law regarding the internal market by the public authorities. In each state, member of European Union, there is a SOLVIT centre, that supplies these services for free. SOLVIT deals with the corss-border issues between a company or a citizen, on one hand, and a public authority, on the other hand, where it is possibile that the community

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law to be properly applied. The fields, in which the frequency of the issues is greater and there are claims to be solved by SOLVIT, are: professional recognition of the qualifications and diplomas; the access to education; residence permits; rights to vote; social security; the rights to have a place of work ; driving licences; the registration of the vehicles with engine; border control; access on the products market; access on the services market; seting as a freelancer; public procurement; taxation; free circulation of capitals and of payments.

In each member state of European Union there is a SOLVIT centre38 that supplies these services for free.

Any claim by SOLVIT involves for solving four steps: 1 Step – accepting the case, it is verified the legal basis, if the documents included in the base by origin centre are not enough it requires additional documents; 2 Step – getting the solution: competent authority is contacted, the one that is involved in the case of the claimer and collaborates with it in order to get a correct solution and according to the European law; 3 Step – proposal of the solution (implemented or not) – the solution must be real, practical and according to the European law; 4 Step – if the solution hasn’t been implemented during the proposal, they monitor it – a case is solved, but when the solution is implemented and it solves the client’s issue.

The member states should intensify their efforts to make sure that physical persons and companies may use efficiently their rights regarding the unique market, guaranting an efficient application and an enforcement of the legislation regarding the unique market by the national law courts, by supplying quality information, instruments and procedure of e-government, as well as by making investments in mechanisms intended for the fast solving of the issues. SOLVIT potential is still not enough to be exploited as a key instrument for solving the issues at the national/european level, partly due to insufficient staff in different SOLVIT centres and in the same time due to insufficient information of European citizens about the competences of these centres.

The SOLVIT Centres in the eight member states included in this guide 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 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 38

In Romania the SOLVIT Centre has as contact data: Government of Romania, European affairs Departament, Bvd. Aviatorilor no. 50A, Sector 1, Bucharest 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 Netherland: 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 town planner qualification in Italy Italy has implemented the Directive 2005/36/CE by the Legislative Decree no. 206 from 6 november 200739. By this decree are established rules according to which the citizens of the EU member states may exercise on the territory of Italy the profession regulated for which they are qualified in the origin member state. The text of the transpotion reffers to the so called “regulated” professions defined at art. 4, paragraph 1, lett. a) from this decree. The decree is applied to nationals from member states of the European Union, who wish to exercise on the italian national territory, as eployees or as autonomous – including freelancers, a profession regulated according to a professional qualification, obtained in the member state of European Union and the conditions in which this profession shall be allowed to be exercised. The certification of competences shall also be done according to some normative documents of a general nature.

The profession the applicant wishes to exercise on the italian territory shall be the one for which he was qualified in the origin member state if the activities are comparable and may be exercised in establishing regime or as temporary and occasional crss-border performance.

According to the provisions of art. 56, paragraph 4, and art. 57 from the Directive 2005/36/CE, the Departament for the coordination of community policies near the Presidency of the Concil of Ministers is the national coordinator ad the National Point of Contact40.

“Attuazione della direttiva 2005/36/CE relativa al riconoscimento delle qualifiche professionali, nonche' della direttiva 2006/100/CE che adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania” 40 Presidenza del Consiglio dei Ministri, Dipartimento Politiche Comunitarie, Ufficio Mercato Interno e Competitività, Piazza Nicosia 20, 00186 ROMA, ITALIA, 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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DL 206/2007 sets the basic rules according to which the citizens of EU member states may exercise on the italian territory the profession regulated for which they are qualified in their own origin member state.

For the town planner profession the competent authority is the Ministry of Education, Universities and Research.

Since it is about a regulated profession both in Italy and in Romania, Italy doesn’t restrict the free practice of services for the town planners certified in Romania. There is a special request though, the one that a person who move to Italy from a EU member state and intends to perform services as a town planner to inform the italian competent authority by a prior written statement. This statement must include details regarding to any personal or collective protective insurance with respect to the professional responsibility (according to art. 10 of decreto legislativo 9 Novembre 2007, n. 206, attuazione della direttiva 2005/36/CE relativa al riconoscimento delle qualifiche professionali). This statement must be annualy renewed.

For the first services performance the statement must be accompanied by the following documents: -

nationality prove

-

a certificate to certify that the owner is legally a resident in a member state, to exercise the activities in question and that he is not forbidden to practice the profession, even temporary, at the moment of the certificate issuance

-

the evidence of the professional qualifications

-

clean criminal record certificate The service shall be performed under a professional title in the residence member state, to the extent

that there is such a title in that member state for the professional activity in question. For the town planner title in Romania, the service shall be performed as territorial planner title in Italy. This title is indicated in the official language or in one of the official languages of the residence member state, so that to avoid any confusion with the professional title in the host member state.

All documents written in a foreign language must be accompanied by a translation in italian language, certified acording to the orginal text, issued by the Italian diplomatic or consular authority in the country that issued the diploma, or by an official translator in an italian law court. The use of photocopies by the EU citizens is done according to law DPR 445/2000, that imposes that they have to be accompanied by a conformity statement with the original on the applicant own responsibility. The Authorities shall verify at random the accuracy of these statements.

The original documents will not be able to be withdrawn by the interested or assignee person, at the end of the recognition procedure of the diploma.

The town planner profession is regulated in Italy, and the competent authority is Ministero dell'istruzione, dell'universitĂ e della ricerca.

3.3. Recognition of the town planner qualification in Spain

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The Royal Decree 1837/2008 presents in the Appendix VIII (Appendix L11a_2) the alphabetic list of the professions and activities groupted according to the training existing in Spain to accede to the exercise of the profession, in correlation with the levels described in article 19 (article 11 from 2005/36/CE).

The national classification of the occupation in Spain includes in architecture field the following occupations, grouped in the category with the code 248 – technical architects, topographers and designers: code - 2481 technical architects and town planning technical designers, code 2482 – designers and clothing products, code 2483 – technical engineers in topography, code 2484 – graphical designers and multimedia.

Legislation regarding the professional recognition in Spain Spain has implemented the Directive 2005/36/CE by the Royal Decree 1837/ 8.11.2008, that sets the rules according to which the citizens of the EU member states may exercise on the spanish territory the regulated profession for which they are qualified in their origin member state.

Regarding the recogniton procedure in Spain there may be synthetized the following: Consists in the recognition of the qualifications in Spain obtained by the nationals of any EU member state, the countries that are part of the European Economic Space (Iceland, Norway and Liechtenstein), Switzerland and – when necessary – the citizens from third countries, that are also citizens from any of the other mentioned above states (double citizenship), for the approval to exercise a profession or activities regulated in Spain, with the same effects as if they would have obtained the qualification corresponding to Spain. The official recognition gives the right to the interested party to become a member of that professional associations and to practice the profession in the activities exclusively attributed for that professional group.

The application must be addressed directly by the applicant to the Technical General Secretariat41. It has a standard form and must be accompanied by different supporting documents (both academic and professional), certificates, accompanied by their official translation in Spanish language (by an authorized translator, any Diplomatic Representative or Spanish Consulate or abroad by the diplomatic or consular representative in Spain of the applicant citizenship country).

Performing temporary services regarding the professions for which there are professional associations recognized in Spain The Royal Decree 1665/1991 from 25 octomber, that regulates the general system of recognition of the high education diplomas from the member states of the European Economic Community, defines the regulated profession as being a group of professional activities for which the access, its exercise or one of the ways of exercise directly or indirectly, needs a professional title and constitutes a profession in a member state.

41

Paseo de la Castellana, 162 - 28071 Madrid

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In this category of regulated professions, this case of use centers on the related professions that involve supplying a service in Spanish state, temporary or permanently, by the physical or legal persons or nationals of a EU member state to fulfill the requests of Law 2/1974 from 13 February regarding the professional associations. This legislative document stipulates which are the conditions to practice in Spain the regulated professions that need the formal qualification and the accreditation of the applicant by the spanish professional associations.

Supplying these services are, therefore, two requests: -

The applicant to have recognized diplomas.

-

The applicant must be registered in the Professional Association in which he shall perform his activity Associated professions are characterized by a system of independent professional associations.

Common procedures for the professions for which there are professional associations

recognized in Spain The first request of the associated professions impose to the services performer to have some proves that officialy recognizes obtaining the knowledge to bring to the effective exercise the professional activities.

For a professional title obtained in a EU member state is necessary its homologation in Spain. But, the need to define a system which promotes the free circulation of the professionists resulted in Directive 89/48/EEC, transposed in Spain by the Royal Decree 1665/1991, which regulates the general system of qualifications recognitions in the sectorial directives field in EU for the harmonisation of training, to allow the direct recognition of diplomas.

Thus, any professionist in a member state that intends to supply a service in Spain must have the approval or the recognition of the professional qualifications, as a request of the professional body that he must join. This goup of the qualifications recognition norms is applied only to nationals of EU.

3.4. Recognition of the town planner qualification in Czech Republic The recognition of the professional qualifications and the list of necessary documents are regulated in Czech Republic by law no. 18 from 2004. The same as in Romania, in Czech Republic there is an information point for the recognition of the professional qualifications – Recognition Centre of the Professional Qualifications similar to the National Centre of Recognition and Equivalence of Diplomas in Romania [10].

The Centre offers information about the recognition of professional qualifications and regulations applied in Czech Republic according to Directive 2005/36/CE. The centre coordinates the activities of the recognition authorities and represents the Czech Republic at the European Commission. The contact data of the Centre are: Ministry of Education, Youth and Sport, Centre for the Recognition of the Professional

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Qualifications, Department of „Education for adults”42. The Centre administrates the data base that includes the professions regulated and not regulated in Czech Republic. For each profession there are qualifications requests, characteristic recognition commissions and legal regulations that govern the profession in Czech Republic. The data base charcteristic to the type of profession also contains information regarding the recogniton procedure (fig. 3) [6] and the application form for the recognition of a professional qualifications [7] (translated in the appendix 1). Regarding the regulated professions the contact point may be rather considered the Ministry of Industry and Commerce43, due to the fact that it is relevant by the greatest number o regulated professions in its administration.

Like in Romania the regulated professions are also recognized only by the relevant competent authorities44 giving an application, accompanied by the afferent documents: application form in Czech language, personal identification, document that certifies the nationality of the candidate, the prove of the formal qualifications and the receipt that certifies the payment of the administrative tax of 2000 CZK [6].

The recognition authority shall examine if the application and attached documents contain all necessary information to certify the qualifications and taking a decision. If necessary, the competent authority shall ask the candidate additional information. Afte receiving the file the recognition commission of qualifications is obliged, according to the stipulations of art. 24, paragraph 5 from law no. 18 from 2004, to take a decision in at most 60 days. In complex cases, the authority may overcome this term but it is nontheless bound to take a decision in a period of 90 days [3].

After examining the application given by the candidate, the competent authority must take a decision that is according to one of the situations: - professional qualification is recognized, or - communicates to the national the compensatory methods, either as an internship period type, or a capacity test that must be taken by the candidate, or - the application for the recognition of the professional qualification is rejected The compensatory measures apply by the recognition commission only if there are substantial differences between the certificated competences of the applicant and the necessary ones to practice the profession in Czech Republic.

During the internship period, the candidate performs the services regulated under the supervision of a professional competent person. Another period of training might be part of this period. The duration of the adaptation period can not exceed 3 years.

Karmelitská 7, 118 12 Prague 1, tel.: + 420 257 19 33 76, e-mail: qualifications@msmt.cz, web: www.msmt.cz 42

Contact data of the Ministry of Industry and Comerce are: Na Františku 32, 110 15 Praha 1, Tel.: + 420224851111, Fax: + 420224811089, E-mail: posta@mpo.cz, web: www.mpo.cz 44 There is also a possibility to ask the application at the Recognition Centre of the Professional Qualifications that redirect the request at relevant competent authority.

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The capacity test usually consists in a written part and an oral one. As a rule, it is given in Czech language, in the presence of a recognition commission representative for that qualification, university or other institution, taking into account the specialization of the national. The examination consists in the verification of the candidate if he has the necessary knowledge and competences for the practice of the profession, that haven’t been included in the previous training of the candidate (the examination costs maximum 5000 CZK). The decisions taken by the authority commissions of recognition, may be contested in term of 15 days from the decision announcement. The decisions that do not comply with may be also attacked in court, by a civil action (art. 72 and art. 247 from law no. 150/2002) during 2 months time from the decision sending by the valuation commission of the file.

NARIC CZ Centre45, member of the EU ENIC Centre in 1997, gives information regarding the qualifications for the high studies in Czech Republic and EU countries, this facilitates including the recognition of the professional qualifications for the Czech citizens who went for work abroad.

The National Institute of Technical and Vocational Education46 (NUOV) is a consulting centre for elementary and high education qualifications. At the request of the competent authorities, NUOV provides expertise on the level of education received by a national or the content or purpose of education for the required qualification, so that to exist the convinction that the national has the necessary competences to practice the profession regulated in Czech Republic. NUOV cooperates with similar institutions abroad.

Practicing the town planner profession in Czech Republic with permanent status The Document no. 360/1992 Coll. regarding the exercise of the profession by the accredited architects and by the engineers and technicians certified in constructions field describes the requests that must be fulfilled to set and practice the town planner profession in Czech Republic with permanent character.

3.5. Recognition of the town planner qualification in Austria In Austria, although town planning is studied at the secondary university studies level at the Geography Faculty from the University in Vienna and from the University of Applied Agricultural Sciences in Vienna, even in this state the town planner profession is not an independent one, being generally practiced by architects.

The architect profession is regulated in Austria. The Competent Authority is: Bundesministerium für Wirtschaft, Familie und Jugend – Federal Ministry of Economy, Family and Youth47.

Recognition of the architect profession for the citizens of EU states, EEA and Switzerland

Contact data: Centre for high Studies / Centre for the Equivalente of the Documents about Education – ENIC/NARIC, Udvou srpů 2024/2, 15000 Praha 5, Tel.: + 420257011335, Fax: + 420257531672, e-mail: naric@csvs.cz, web: www.naric.cz.

46 Contact data: National Institute of Technical and Vocational Education, 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.

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

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An architect citizen of an EU state, EEA or Switzerland may apply to practice the profession in Austria. The accreditation is done by the Federal Ministry of Economy, Family and Youth.

The requests of the application: nationality prove, prove of the right to practice the architect profession in the origin country, prove of good conduct, financial solvency and non-violation of the professional ethics code issued by the competent authority in the origin country.

Professional organizations at the lands level are: 

Chamber of architects and chartered engineering consultants for Vienna, lower Austria and Burgenland48



Chamber of architects and chartered engineering consultants for Styria and Carinthia49



Chamber of architects and chartered engineering consultants for Upper Austria and Salzburg50



Chamber of architects and chartered engineering consultants for Tirol and Vorarlberg51.

3.6. Recognition of town planner qualifiction in Great Britain In Great Britain, the access of the regulated professions that beneficiate of an automatic recognition of the profesional qualifications obtained in the other member states of European Union is done according to the provisions of Directive 2005/36/CE. Temporary services supply in a regulated field To perform services for a limited period of time in a regulated field in Great Britain is necessary that the persons to usually perform their activity on the territory of another member state of European Union, to have a qualification that allows him to exercise the regulated profession in the origin state and to not being forbidden this right by the authorities of this state.

The temporary supply of the services is possible after notifying the competent authority in Great Britain. In some situations may be necessary to present some documents regarding the exercise of the profession in the origin state, by taking a capacity test or by performing a short time adaptation period.

During the performance of the services it is compulsory to use the professional title existing in Great Britain and to comply with the professional regulations imposed by the competent professional authority.

3.7. Recognition of the town planner qualification in Denmark The town planniner profession does not exist in Denmark, and the town planning activities are performed by the architects. The architect profession is not regulated in Denmark.

It is followed the procedure for the recognition of the qualification, by seding the applicatin at the Danish Agency for Universities and Internationalisation. In addition, it is necessary an authorization or a 48

Kadam 9, 1040 Vienna, T 01/505 17 81/0 Schönaugasse 7, 8011 Graz, T. 0316/82 63 44/0 50 Kaarstraße 2 / III, 4040 Linz, T. 0732/73 83 94/0 51 Rennweg 1, 6020 Innsbruck, T. 0512/58 83 35 49

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similar recognition from the danish competent authority. For temporary performance of services on the Danish territory, the EU/EEA citizens must send only a statement.

Professional recognition for the EU citizens, Iceland, Norway, Lichtenstein and Switzerland. If the applicant is a citizen of these states, and completely graduated the studies in one of these states and has the right to practice the profession in that state, has the right to practice in Denmark for free, because the architect profession is not regulated.

The architect may register in the Architects Association in Denmark. As the profession is not regulated, the Architects Association may issue a certificate of Member Architect of the Architects Association (MAA), identical to the one of the danish architects members of the association. But this certificate doesn’t give the owner any additional rights, because the Architects Association is not a competent authority, but a simple professional association. The registration in the Architects association is not compulsory.

The architect supplies the service under the professional title in the origin title. The Danish title may be used only if the applicant’s professional qualification has been verified in Denmark.

3.8. Recognition of the town planner qualification in Netherland The Foundation for Cooperation in Vocational Education field, Training and Labor Market52, and the Dutch Organization for International Cooperation in Superior Education53 are the recognition dutch centres for the qualifications obtained in other states, according to the type of qualification: NUFFIC (in Hague), for the recognition of the superior education diplomas and the diplomas in the general preuniversitary education, and S-BB (in Zoetermeer), for the recognition of the qualifications obtained in EFP system. All information necessary to get the recognition of a qualification obtained ouside Netherland may be obtained on the site http://www.idw.nl/start.html. If one wishes to practice a profession regulated in Netherland, the first step would be the verification on the Professionalrecognition.nl site for the profession framing aimed in among the regulated ones or not, if the profession is regulated, also the identification of the organization that plays the role of CA and manages the recognition process.

From the point of view of the access to exercise it, in Netherland the professions may be classified in the same two great categories: regulated professions and not regulated professions. Regarding the not regulated professions, to legally exercise that profession is not necessary to get the recognition of the professional qualification from a competent authority in Netherland if the professional title has been obtained in another member state.

52 53

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

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Nuffic plays also the role of NARIC in Netherland, because it ensures the assistance both to applicants for the recognition of qualifications in superior education (workers, employees), and to the competent authorities for the regulated professions, as well as information regarding the provisions of Directive 2005/36/EEC with respect to the recognition of qualifications in the superior education.

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

Normally, a recognition process may take up to maximum 4 months.

3.9. Recognition of the town planer qualification in Germany The recognition of qualifications for the foreigners in Germany is done differentiated for the access to studies and for the exercise of the profession.

EU Directive regarding the recognition of the professional qualifications entered into force in 2005.

It provides that member states of EU mutually recognize the professional qualifications as being equivalent and guarantees the free mutual access of the citizens that practice of this profession on the internal labor market. EU Directive regarding the recognition of professional qualifications (2005/36/CE) regulates (in conjunction wiht the Directive 2006/100/CE) the professional recognition of the regulated professions. It applies to all citizens of a member state of European Union (EU), in other countries of the European Economic Space (EES) and Switzerland, who got the qualifications in a member state and that guarantees them the access to the same profession in the same conditions as the nationals. The Directive regarding the recognition of the professional qualifications entered into force on the 20 October 2005 and had to be transposed in the national legislation by the member states in term of two years. In Germany, the directive has been transposed in the national legislation and in the special professional regulations.

For the recognition of the professional qualifications obtained abroad was not untill 2012 it was adopted in Germany “the Act of Recognition”, named also by the Law for the improvement of the valuation/analysis and recognition of the foreign professional qualifications"13; it regulates the recognition of foreign qualifications for the professions for which federal government is responsible for. The Recognition Law combines a new federal act, the Law of determining the professional qualifications - BQFG (BMBF responsibility), with amendments brought to the existing legislation an to the professional regulations (governmental departments that are responsible in that fields). The Law regarding the valuation and the recognition of professional qualifications (BQFG – Article 1 from the Recognition Law) is a federal law in the new sphere of competence of the Federal Ministry of Education and Research. It is the basic legislation for the recognition of professional qualifications in Germany, that provides the valuations procedures and criteria for the equivalence of the foreign professional qualifications with the ones of the german reference profession, that supports the integration of the skilled immigrants and of the skilled foreign workes on the labor market in

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Germany. Starting with the 1 April 2012, the possibility to have foreign professional qualifications recognized in Germany improved significantly.

The Act given by the Federal Government for the recognition of diplomas introduces the legal right to have qualifications obtained abroad valuated in comparison with the equivalent in Germany, thus improving the opportunities for the physical persons that have obtained professional qualifications abroad to practice the learned professions, in Germany. This act includes the existing procedures, simplified and improved for the valuation of foreign vocational qualifications that are the responsibility of the Federal Government. But this act does not regulate those professions for which the lands are responsible for.

In this context, the recognition of the town planner profession in Germany is regulated by the lands legislations.

The application for the professional recognition is within the scope of the relevant professional chambers in the 16 lands.

IV. Exercise of the town planner profession in the European Union In Romania54 the town planner exercises his signature right by signing the documentations for the landscaping of the land and town planning by puting a stamp.

The landscaping of lands and town planning documentations are signed as follows: a) on the title page, on all the written works; and b) on all drawn works stipulated as compulsory by the regulations regarding the frame content of the documentations.

Exercising the signature right is followed by the Town plannes Register in Romania by the fee payment registration.

In Romania, the signature right may be exercised in the individual offices, associated offices, design companies or other types of association found according to law. The legal persons that have no town planner in their personnel staff ones with signature right are obliged that, when giving for elaborations of the documentations for the landscaping and town planning, to use by contracts the services of a town planner with the signature right, in capacity of coordinator, for that category of documentations. In this situation there must be cumulatively fulfilled the following conditions: a) the specialist with the signature right must be an employee with a labor individual contract at that elaborating entity; b) the elaborating entity must have as a main object of activity the „Architecture activities, engineering and technical counseling services related to it”, according to the classification of the activities from the national economy — CAEN. For the exercise of his profession the town planner must comply with the obligations of the town planner specialist with the signature right stipulated at art. 41 from the Decision 101 of the Superior Council 54

Decision 101 of the Superior Council of the Town planners Register in Romania, for the approval of the Regulation regarding the signature right obtaining for the landscaping and town planning documentations and of the Regulation regarding the organization and operation of the Town planners Register in Romania, Official Gazette of Romania, I Part, no. 577/ 13.VIII.2010, pag. 7-25

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of the Town planners Registers in Romania, for the approval of the Regulation regarding the signature right obtaining for the landscaping and town planning documentations and of the Regulation regarding the organization and operation of Town planners Register in Romania55.

In Italy the certified town planner must register in the professional association in the province he wishes to exercise his profession and to comply with the rules and the characteristic code of conduct.

The Code of Occupations in Italy provides that: at 2.2.2.1.1. chapter Architects – the following occupations: architect, interior designer, interior architect, constructor architect, naval architect: at 2.2.2.1.2. chapiter Planners, landscapers, specialist in conservation planning – the following occupations: architect designer of facilities and services of compatible environment, conservator for the architectural and ambient goods, expert in enviomental management and recovery planning, landscaper, territory planner, town planner.

In Spain, the profession of town planner is not regulated, presently being a specialization of master level for the architect, the exercise of the profession shall be subject to the rules that apply to the architects.

Architects that perform the activities characteristic to town planner are obligated for the efficient development of their activities to be registered at the Architects College, both those who wish to establish in Spain and those who wish to perform professional services.

The professional practice still take place in conditions of free competition and according to Law regarding the protection of competition and Law of unfair competition, regarding the supply of services and establishing their remuneration. Other aspects of the professional practice are regulated by the norms established by the Architects College the applicant belongs to.

The national classification of occupations in Spain includes in architecture field the following occupations, grouped in the category with the code 248 – technical architects, topographers and designers: code - 2481 technical architects and town planning tehnical designers, code 2482 – designers and clothing products, code 2483 – technical engineers in topography, code 2484 – graphic and multimedia designers.

In Czech Republic the town planning activity is exclusively one that belongs to the state, coordinated by the Resort ministry. In this state there is no town planner professional title, instead the architect has skills in town planning – planning and lands use. Therefore, the professional accreditation and recognition follow the steps characteristic to the architect profession.

In Austria, though town planning is studied at the level of secondary university studies in Geography Faculty from the University in Vienna and at the Applied Agricultual Sciences University in Vienna, even in this state the town planner profession is not an independent one, being generally practiced by architects.

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Decision 101 of the Superior Concil from the Town planners Register in Romania, for the approval of the Regulation to get the signature right for the landscaping and town planning documentations and of the Regulation regarding the organization and operation of the Town planners Register in Romania, Official Gazette of Romania, I Part, no. 577/ 13.VIII.2010, pag. 15.

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Structural Instruments 2007 - 2013

The town planner profession is regulated in Great Britain, and the competent authority is the Royal Town Planning Institute56.

In Denmark there is no town planner profession. The town planning activities are usually performed by architects. Even the architect profession is not regulated in Denmark, reason for which there is no competent authority in this field.

In Netherland the town planner profession57 is not regulated. The town planner title is protected, but the town planning activities and services are not reserved to the owners of this title. In this state the legislation centers on the construction and buildings sites. The professionists who operate in constructions field are not imposed regulations, or they are extemely vague. Performance of constructions activities is opened to any operator, but the constructions projects are analyzed in detail by the local authorities.

The town planners profession in Germany is regulated by the lands legislation. The profession of town planner58 is regulated in most of the lands, with two exceptions: in the Hesse land and in the North Rhine land – Westphalia the town planner title is protected, but the profession is not regulated. According to the legislation that regulates the town planner profession, the town planner title is protected. The title is granted both to the architects and to the town planners, after the registration in the architects and town planners register, managed by the chamber of architects in that land.

The comparative analysis of the activities reserved to the town planner profession in EU states A study done in 2012 by the Centre for Strategy and Valuation Services in Great Britain59 makes a legal inventory of the activities reserved for the professions regulated in constructions field, the economic and tourism services in the 13 EU member states. Thus, in constructions field, a part of the activities are reserved exclusively to the town planners, and other activities are performed both by the town planners and by the architects and/or engineers. But, the exclusive and divided activities type differ from a country to another. Therefore, in the 13 member states analyzed in this study, have been identified 22 reserved activities performed by the town planners, and from these 10 are exclusive and 12 are divided with other professions. We present below in Table60 3, a synthesis with the number of reserved activities exclusive and divided performed by the town planners in the states included in our study: Italy, Germany, Spain, Netherland, Great Britain, Denmark and Czech Republic.

56

41 Botolph Lane, London, United Kingdom, EC3R 8DL, tel. +44 0207 929 9494, fax +44 0207 929 9490, http://www.rtpi.org.uk Stedenbouwkundige 58 Stadtplaner 59 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.

60 Extract from: 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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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

EU

Exclusive

Divided

Total

member state

activities

activities

activities

Czech Republic

2

0

2

Germany

2

0

2

Denmark

2

0

2

Spain

0

2

2

Italy

0

2

2

Netherland

0

0

0

Great Britain

0

0

0

Table 3: Number of reserved activities exclusive and divided performed by the town planners in Italy, Germany, Spain, Netherland, Great Britain, Denmark and Czech Republic

We easily can notice the fact that the town planners have a significant number of reserved activities, but only a small part of them are exclusive, most of them being divided with other professions. We hereinafter present in Table61 4 a detailed synthesis of the reserved activities per each category of tasks.

Type of reserved activity

Exclusive

Divided

Total reserved activities

Category of tasks Cadastre

5

4

9

Topographic determination / demarcation

5

5

10

Feasibility studies

0

1

1

Planning and design

0

0

0

Applications for constructions permits / constructions licences

0

0

0

Supervision and monitoring of constructions activities

0

1

1

Technical control and certification

0

0

0

Urban and landscape planning

0

1

1

Interior design

0

0

0

Total

10

12

22

Table 4: Detailed synthesis of the reserved activities per each category of tasks

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Extractfrom: 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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The European Social Fund POS DRU 2007-2013

Structural Instruments 2007 - 2013

V. Conclusions The town planner profession is regulated in three of the eight member states of European Union that were studied: Italy, Germany and Great Britain. There is a particular case in Germany, where the town planner profession is regulated in 14 lands, and it is not regulated in the other two: the Hesse land and North Rhine land - Westphalia. In these two lands the town planner title is protected, but the profession is not regulated.

Between these countries and Romania, the free circulation and the mutual recognition of the town planner title is done according to the principle of general recognition of the qualification titles, according to the coordination of the minimum conditions of professional training.

There are significant differences between EU member states regarding what tasks may be fulfilled by the town planners and if the internal market is regulated by a booking of the activities, a booking of the professional title, or an opened mechanism.

In four of the countries studied (Spain, Czech Republic, Austria and Denmark) there is no town planner title, the activities of town planning being performed by the architects.

In Netherland the town planner title is protected, but the activities and town planning services are not booked for the owners of this title, the legislation being centered on the construction sites and on the buildings. Profesionists that operate in constructions field are not imposed regulations, or they are extremly vague. The performance of the constructions activities is opened to any operator, but the construction projects are given to be analyzed and approved by the local authorities.

From the point of view of town planner profession exercise, in the member states analyzed in which the profession is regulated (Italy, Germany, Great Britain and Romania) the activities in town planning field are exercised by persons that have the official town planner qualification title.

It is an altered image in different analyzed countries regarding the demarcation of the activities reserved to town planners. They have a significat number of reserved activities, but only a small part of them are exclusive, most part of them being divided with other professions. Thus, the activities related to cadastral and topographic determination are usually reserved to town planners, in countries in which the profession is regulated or the title is booked. In exchange, the activities related to the town and landscape planning, the feasibility studies, the supervision and monitoring of constructions activities are usually divided with the architects.

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

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Structural Instruments 2007 - 2013

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